Gressing v. . Musical Instrument Sales Co.
New York Court of Appeals
Appeal from a judgment, entered August 2, 1915, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The Appellate Division erred in holding that there was not a hiring of the plaintiff for at least one year. (Marshall v. Sackett, 166 App.
Read the full summary
Appeal from a judgment, entered August 2, 1915, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The Appellate Division erred in holding that there was not a hiring of the plaintiff for at least one year. (Marshall v. Sackett, 166 App. Div. 141; Moran v. Standard Oil Co., 211 N. Y. 187; Cuppy v. Stolwerck, 216 N. Y. 591.) The hiring of the plaintiff was…
1Opinion of the CourtCrane, J.
On the twenty-eighth of December, 1912, the plaintiff was discharged from the defendant’s employ. This action was brought for a breach of the contract of hiring, and the question arising is whether the plaintiff could be discharged at will or had been engaged for the period of one year.
The contract is evidenced by a letter from the defendant to the plaintiff of which the following is a copy:
“ 635 West 49th Street,
“ New York.
“ Friday, July 19th, 1912.”
“ Mr. Otto Gressing,
“ 182 Lyon Street,
“ Milwaukee, Wis.:
“ My dear Mr. Gressing.— On the train coming to New York last night, I reviewed the…
2Cases cited2 opinions
- Magarahan v. Wright & LamkinSupreme Court of Georgia · 1889
- Norton v. CowellCourt of Appeals of Maryland · 1886
3Cited by9 opinions
- Marks v. . CowdinNew York Court of Appeals · 1919
- Rooney v. TysonNew York Court of Appeals · 1998
- Imbrey v. Prudential Insurance Co. of AmericaNew York Court of Appeals · 1941
- Lasser v. Grunbaum Bros. Furniture Co.Washington Supreme Court · 1955
- TSR Consulting Services, Inc. v. SteinhouseAppellate Division of the Supreme Court of the State of New York · 1999
4 more not listed; retrieve them via the Exa API.