Franco v. Caruso
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, First District. Action by Vittorio Franco against Enrico Caruso. Judgment for plaintiff, and defendant appeals.
1Opinion of the CourtCohalan, J.
[1,2] The action was brought for an alleged breach of a contract of employment. The pleadings were oral, and the defendant set up a general denial. The plaintiff, in his bill of particulars and in his testimony in support thereof, relied solely upon an alleged oral contract of employment made in February, 1915, whereby he was engaged by the defendant for a period of six months, beginning from on or about the 1st day of October, 1915, to the 1st day of April, 1916, at a monthly salary of $350. The plaintiff was bound, therefore, by his sworn admissions, and limited to the specific contract set…
2Cases cited4 opinions
- Wilson v. MartinCourt for the Trial of Impeachments and Correction of Errors · 1845
- Reed v. . McConnellNew York Court of Appeals · 1892
- Oddy v. . JamesNew York Court of Appeals · 1872
- Tuthill v. MyrusAppellate Division of the Supreme Court of the State of New York · 1901