Hutchinson v. Washburn
Appellate Division of the Supreme Court of the State of New York
Appeal from municipal court, borough of Brooklyn, Second District. Action by Frederick M. Hutchinson against George J. Washburn to recover damages for the wrongful discharge of from defendant’s employ. Judgment for plaintiff and defendant appeals.
1Opinion of the CourtJenks, J.
We think that there should be a new trial. During the trial the defendant elicited evidence from the plaintiff to the that when the plaintiff was on his business trips for his employer he obtained on several occasions commercial rates at hotels — i. e., a discount from the usual rate — though his expense account shows hotel charges at the usual rates. We fail to find that the plaintiff offered any evidence to explain these variances. It is true that this conduct was not one of the expressed reasons for the discharge, and it is questionable whether the evidence was strictly within the…
2Cases cited1 opinion
- Arkush v. HananNew York Supreme Court · 1891
3Cited by1 opinion
- Heyman v. KlineDistrict Court, D. Connecticut · 1970