Tucker v. Philadelphia & Reading Coal & Iron Co.
New York Supreme Court
Appeal from circuit court, Kings county. Action by Bhodes G-. Tucker, assignee of James B. McCamant, against the Philadelphia & Beading Coal & Iron Company on a contract of hiring. The complaint was dismissed, and plaintiff appeals.
1Opinion of the CourtBarnard, P. J.
The proof did not sustain the complaint or establish a cause of action. The receiver of the defendant employed the plaintiff on the *13515th of September, 1881, at the rate of $4,500 per annum, payable monthly. The salary was to be $4,500 per year; “that was all that was said.” . The plaintiff had been in the employ of the receiver before this, and had resigned. After the receiver accepted the resignation he was re-employed at a higher salary. Nothing further was ever said about a term. New receivers were appointed in May, 1884, and they reduced the plaintiff’s wag-'s 12-’- per cent. The company in…
2Cases cited1 opinion
- Morrison v. Ogdensburgh & Lake Champlain RailroadNew York Supreme Court · 1868
3Cited by3 opinions
- Burke v. Lincoln-Valentine Co.Appellate Terms of the Supreme Court of New York · 1899
- Burke v. Lincoln-Valentine Co.Appellate Terms of the Supreme Court of New York · 1899
- Gressing v. Musical Instrument Sales Co.Appellate Division of the Supreme Court of the State of New York · 1915