Gressing v. Musical Instrument Sales Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Musical Instrument Sales Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 4th day of February, 1915, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 3d day of February, 1915, denying defendant’s motion for a new trial made upon the minutes.
1Dissent
Hotchkiss, J. (dissenting):
It was undisputed that when plaintiff entered its employ defendant was about to open branches for the sale of its goods in various department stores, and that defendant sought plaintiff’s services to open and manage these branches. The contract of hiring was expressed in a letter written by defendant’s president in its name, the terms of which letter were accepted by plaintiff. The essential portions of the letter were as follows: “On account of the different guarantees that we have made to the different stores, with whom we will do business, I am going to change my…
2Cases cited4 opinions
- Crotty v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1912
- Marshall v. Sackett & Wilhelms Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Tucker v. Philadelphia & Reading Coal & Iron Co.New York Supreme Court · 1889
- Feiber v. Home Silk MillsAppellate Terms of the Supreme Court of New York · 1913