Allen v. Glen Creamery Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Glen Creamery Company, from a, judgment of the Supreme. Court in favor of the- plaintiff; entered in,' the office of the clerk of. the county of Montgomery on. the 24th day of June, 190,4,. upon the verdict, of a jury, and also, from an order entered in.said clerk’s office on the l$th day of July, 1904, denying the defendant’s motion for a néw trial made upon the minutes.
1Opinion of the Court
Houghton, J :
The trial court construed the. plaintiff’s complaint .'as one for damages for breach of contract of employment, and the recovery of plaintiff was had upon that theory,
While the complaint is quite inappropriate for an action of that character, and while the pleader evidently had in mind an action for "wages, yet there aré sufficient allegations to<warrant the court in construing tlie. complaint as one for breach of contract instead of one for wages alone. >
*307An action for damages for breach of contract because of wrongful discharge before the expiration of the term of employment is…
2Cases cited5 opinions
- Howard v. . DalyNew York Court of Appeals · 1875
- Merrill v. BlanchardAppellate Division of the Supreme Court of the State of New York · 1896
- Griffin v. Brooklyn Ball ClubAppellate Division of the Supreme Court of the State of New York · 1902
- Williams v. ConnersAppellate Division of the Supreme Court of the State of New York · 1900
- Arnold v. AdamsAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by8 opinions
- Ware Bros. v. Cortland Cart & Carriage Co.New York Court of Appeals · 1908
- Crotty v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1912
- Getty v. Roger Williams Silver Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Schwartz v. J. L. Taylor & Co.Appellate Division of the Supreme Court of the State of New York · 1929
- Herreshoff v. American & British Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1914
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