Mesinger v. Mesinger Bicycle Saddle Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Mesinger Bicycle Saddle Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 13th day of April, 1899, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 11th day of April, 1899, denying the defendant’s motion for a new trial made upon the minutes. .
1Opinion of the Court
Barrett, J.:
The action is brought to recover a balance of salary alleged to be due to the plaintiff. It is conceded that he was employed at a salary *27of $3,000 per annum, but the date when his employment commenced is in dispute. The defendant was incorporated on July 23, 18.96, and the plaintiff has been permitted to recover from this date, although he did not actually begin work until several weeks later, as he was absent on a European trip. This recovery is based upon the undisputed testimony of the plaintiff’s brother to the effect that, prior to the defendant’s incorporation, Hulbert, one…
2Cases cited2 opinions
- Oakes v. Cattaraugus Water Co.New York Court of Appeals · 1894
- Patterson v. . RobinsonNew York Court of Appeals · 1889
3Cited by4 opinions
- Rochester Dry Goods Co. v. FahyAppellate Division of the Supreme Court of the State of New York · 1906
- Dupignac v. BernstromNew York Supreme Court · 1902
- Esper v. MillerMichigan Supreme Court · 1902
- Gordon v. House of Childhood, Inc.Appellate Terms of the Supreme Court of New York · 1913