Thompson v. Wood
New York Court of Common Pleas
Appeal bj defendant from a judgment entered on a report of a^eferee. Tbe plaintiff brought this action to recover two months’ salary.
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Appeal bj defendant from a judgment entered on a report of a^eferee. Tbe plaintiff brought this action to recover two months’ salary. He claimed to bave been employed by tbe defendants for one year from the 1st May, 1854, at a salary of $1,500, as superintendent of their factory — averred a readiness and tender to perform on bis part, but a refusal on tbeirs to allow him to do so, and claimed the proportionate amount of salary due from 20th September, 1854, at which time he was discharged, to the 23d day of November, 1854, tbe time of tbe commencement of tbe action. The defendants denied that…
1Opinion of the Court
INGRAHAM, Eirst Judge.
There was sufficient evidence as *96to tbe employment of tbe plaintiff by the defendants to carry tbe question to tbe referee. Even if Merchant’s testimony was doubtful, Noyce testified expressly to tbe admission of defendants, made on 1st May, 185-4, that tbe plaintiff was to remain in tbeir employ for another year. The question belonged to tbe referee, and be has passed upon it, so that we cannot interfere with his finding on this point.
There was no necessity for a new offer of services after tbe recovery in tbe Marine Court action. The court allowed tbe plaintiff to…
2Cited by6 opinions
- Moody v. LeverichNew York Court of Common Pleas · 1873
- Bassett v. FrenchNew York Court of Common Pleas · 1895
- Levin v. Standard Fashion Co.New York Court of Common Pleas · 1890
- Solomon v. ValletteThe Superior Court of New York City · 1894
- Arnold v. ClarkNew York Court of Common Pleas · 1880
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