Legal Opinion

Johnson v. Quayle & Son Corp.

Appellate Division of the Supreme Court of the State of New York

Decided June 17, 1932PublishedCited by 10 opinions

1Opinion of the CourtO’Malley, J.

We are here concerned with the sufficiency of four affirmative defenses and two counterclaims stricken out from the amended answer, on motion of the plaintiff.

The complaint contains two causes of action, both predicated upon a written contract of employment of the plaintiff by the defendant. The first is to recover $1,000 for a stipulated drawing *352account for five weeks between August 1 and September 4, 1931; the second, to recover $28,400 damages for alleged wrongful discharge on September 1,1931. That portion of the contract material upon this appeal reads: “2. For the satisfactory services…

2Cases cited4 opinions

  1. North-Western Mutual Life Insurance v. MooneyNew York Court of Appeals · 1888
  2. Wolfsheimer v. FrankelAppellate Division of the Supreme Court of the State of New York · 1909
  3. Kupfer v. HoltzmannAppellate Terms of the Supreme Court of New York · 1904
  4. Schwed v. E. N. Kennedy, Inc.Appellate Division of the Supreme Court of the State of New York · 1927

3Cited by10 opinions

  1. Harry R. Defler Corp. v. KleemanAppellate Division of the Supreme Court of the State of New York · 1963
  2. Bessman v. BessmanSupreme Court of Kansas · 1974
  3. Usachem, Inc. v. Howard A. Goldstein and Howard A. Goldstein D/B/A Goldseal AssociatesCourt of Appeals for the Second Circuit · 1975
  4. Herman v. Branch Motor Express Co.Civil Court of the City of New York · 1971
  5. Larson v. WatzkeWisconsin Supreme Court · 1935

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