Ryan v. Mayor of New York
New York Court of Appeals
Appeal from a judgment of tlie Appellate Division of the Supreme Court in the first judicial department, entered August 28, 189(5, which affirmed a judgment in favor of defendant entered upon a dismissal of the complaint at a Trial Term, and also affirmed an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of tlie Appellate Division of the Supreme Court in the first judicial department, entered August 28, 189(5, which affirmed a judgment in favor of defendant entered upon a dismissal of the complaint at a Trial Term, and also affirmed an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in dismissing plaintiff’s complaint and refusing to allow the case to go to the jury. (Gregory v. Mayor, etc., 113 N. Y. 416; Alker v. Mayor, etc., 27 Hun, 413; MoCoy v. Mayor, etc., 46 Hun, 268;…
1Opinion of the CourtGray, J.
Ryan, plaintiff’s testator, sued to recover his salary as an inspector of masonry upon the New Aqueduct, in New' York city, for a period of time from October, 1887, to December, 1889. He liad been employed for a few months, when charges were made by the division and the chief engineers against him for intoxication and insubordination. In consequence, the board of aqueduct commissioners directed the chief engineer to ask for his immediate resignation. On October 28th, 1887, he received the following letter:
“ Mr. William Ryan, Inspector:
“ Dear Sir.—
“ I have to-day received from the chief…
2Cases cited1 opinion
- Wardlaw v. . Mayor, Etc., New YorkNew York Court of Appeals · 1893
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- Arnold v. AdamsAppellate Division of the Supreme Court of the State of New York · 1898
- In re the Judicial Settlement of the Account of Proceedings of LowerreNew York Surrogate's Court · 1918
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