Legal Opinion

Fallon v. Farber

Appellate Terms of the Supreme Court of New York

Decided February 15, 1900PublishedCited by 2 opinions

Appeal from a judgment rendered in favor of the plaintiff in the Municipal Court of the city of New York, first district, borough of Manhattan.

1Opinion of the CourtO’Gorman, J.

This action was brought to recover salary for the. months of February and March, 1899, under a yearly agreement between the parties, made under date of December 22, 1898. Proof was offered by the defendant tending to show a resignation by the plaintiff on March 14, 1899. This evidence was sharply controverted, but-it is undisputed that the plaintiff’s services were not accepted by the defendant after that date. Even if the plaintiff’s version of that transaction were to prevail, he would be confined in his recovery, under his pleading, to compensation for services actually performed. If he…

2Cases cited3 opinions

  1. Howard v. . DalyNew York Court of Appeals · 1875
  2. Fallon v. FarberAppellate Terms of the Supreme Court of New York · 1899
  3. Schmidt v. HoffmanAppellate Terms of the Supreme Court of New York · 1896

3Cited by2 opinions

  1. Reed v. NewmanAppellate Terms of the Supreme Court of New York · 1900
  2. Karp v. KroneAppellate Terms of the Supreme Court of New York · 1912

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