Williams v. Conners
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Luther Williams, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Erie on the 26th day of February, 1900, upon the dismissal of the complaint by direction of the court after a trial at the Erie Trial Term.
Read the full summary
Appeal by the plaintiff, Luther Williams, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Erie on the 26th day of February, 1900, upon the dismissal of the complaint by direction of the court after a trial at the Erie Trial Term. The complaint alleges: “ That on or about the 17th day of May, 1899, at Buffalo, N. Y., the defendant engaged the services of the plaintiff, at his special instance and request to work for him for the period of seven months from on or about said 17th day of May, 1899, at the rate of $75.00 per month.…
1Opinion of the Court
Laughlin, J. :
Although the record does not disclose the ground of the motion to dismiss the complaint or the nature of the amendment requested by the plaintiff, it is evident, and it is conceded, that the motion to dismiss was based upon the plaintiff’s failure to demand damages instead of wages and that the amendment desired was to remedy this supposed defect.
While it is well settled that wages can only be recovered in an action on contract and for services actually rendered, yet a wrongful discharge before the expiration of the period of employment gives the employee a right of action for…
2Cases cited6 opinions
- Howard v. . DalyNew York Court of Appeals · 1875
- Colrick v. . SwinburneNew York Court of Appeals · 1887
- Ketchum v. Van DusenAppellate Division of the Supreme Court of the State of New York · 1896
- Kenney v. New York Central & Hudson River RailroadNew York Supreme Court · 1888
- Crawford v. Mail & Express Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Crotty v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1912
- Allen v. Glen Creamery Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Shotland v. MulliganAppellate Terms of the Supreme Court of New York · 1908
- Bachman v. HarringtonNew York Supreme Court · 1906
- Budd v. Howard Thomas Co.New York Supreme Court · 1903
2 more not listed; retrieve them via the Exa API.