Merkin v. Gersh
Appellate Terms of the Supreme Court of New York
Appeal from a judgment in favor of the defendant, rendered in the Municipal Court of the city of New York, fourth district, borough of Manhattan.
1Per curiam
The only evidence in the case, that of the plaintiff and her father, clearly established a contract on the part of the defendant to employ the plaintiff for a definite term. At the close of the plaintiff’s case, the justice, disregarding the uncontradicted evidence, dismissed the complaint. In doing this he was in error. The evidence was at least sufficient to call upon the defendant to answer it. The plaintiff’s statement, on cross-examination, that she said to the defendant that he could discharge her if he pleased, must be read in connection with the defendant’s remark, which drew it…
2Cited by7 opinions
- Cohen v. BoccuzziNew York Supreme Court · 1904
- Bedell v. BerwickSupreme Court of Georgia · 1914
- Cohen v. BoccuzziAppellate Terms of the Supreme Court of New York · 1904
- Lampert v. RavidAppellate Terms of the Supreme Court of New York · 1900
- Philip Hano & Co. v. HellerAppellate Terms of the Supreme Court of New York · 1910
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