Wheaton v. Higgins
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Seventh District. Action for agreed wages by Charles S. Wheaton against James Higgins and others. From a judgment for plaintiff, defendants appeal.
1Per curiam
The testimony of the witness Wilmoth affords direct proof of the plaintiff’s employment by the defendants, but the recovery was excessive. Concededly, the plaintiff left the employment voluntarily about the middle of the second month of the *1042period for which he sues, and, the employment being by the month, as he testifies, he was entitled to wages only for services for the full period. The nonpayment of wages for the prior month was not tantamount to a discharge, and the recovery should have been limited to the actual wages earned.
Judgment reversed, and new trial ordered, with costs to…
2Cited by3 opinions
- Cochran v. HamblenCourt of Appeals of Texas · 1919
- Barnett v. CohenAppellate Terms of the Supreme Court of New York · 1908
- Rosenthal v. BecherCity of New York Municipal Court · 1936