Petze v. Morse Dry Dock & Repair Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Morse Dry Dock and Repair Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 13th day of December, 1906, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 12th day of December, 1906, as amended nunopro tunc by an order entered on the 21st day of December, 1906, denying the defendant’s motion for a new trial made upon the…
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Appeal by the defendant, the Morse Dry Dock and Repair Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 13th day of December, 1906, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 12th day of December, 1906, as amended nunopro tunc by an order entered on the 21st day of December, 1906, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Miller, J.:
This is an action for wrongful discharge from employment. The Morse Iron Works and Dry Dock Company went into bankruptcy and the defendant took over its property in August, 1904. The plaintiff had been in the employ of said company, was one of the trustees in bankruptcy and continued in the employ of the defendant. On September 20, 1904, the following memorandum was signed by the plaintiff and defendant, viz. :
“ September %Qth, 1904.
“ Memoranda of Points of Agreement to be Made Between Morse Dry Dock & Repair Company and H. H. Petze.
“ H. H. P. to be employed as Chief Clerk and…
2Cases cited3 opinions
- Brown v. . the New York Central R.R. Co.New York Court of Appeals · 1870
- Smith v. . United Traction and Electric CompanyNew York Court of Appeals · 1901
- Smith v. United Traction & Electric Co.Appellate Division of the Supreme Court of the State of New York · 1900
3Cited by24 opinions
- Varney v. . DitmarsNew York Court of Appeals · 1916
- Candid Productions, Inc. v. International Skating UnionDistrict Court, S.D. New York · 1982
- Chew v. . LeonardSupreme Court of North Carolina · 1947
- Board of Drainage Commissioners of Jackson County District No. 2 v. Karr & MooreSupreme Court of Georgia · 1924
- Mandel v. Guardian Holding Co.Appellate Division of the Supreme Court of the State of New York · 1922
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