Mackintosh v. Thompson
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Alexander Mackintosh, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 16th day of October, 1900, upon the dismissal of the complaint by direction of the court at the close of the plaintiff’s case after á trial at the New York Trial Term. The action was brought upon an' alleged contract of employment.
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Appeal by the plaintiff, Alexander Mackintosh, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 16th day of October, 1900, upon the dismissal of the complaint by direction of the court at the close of the plaintiff’s case after á trial at the New York Trial Term. The action was brought upon an' alleged contract of employment. The complaint alleges that on or' about the 11th of March, 1896, the plaintiff entered into a contract with the defendants whereby plaintiff agreed to remain in their employ at the same…
1Opinion of the Court
O’Brien, J.:
In view of the vague and indefinite conversation between the plaintiff and one of the defendants, Mr. Kimball, which the former relies upon as creating a binding contract, it is clear that if nothing; had been done under it and this were an action for breach of an éxecutory agreement, no recovery could be had under the recent decision of the Court of Appeals in United Press v. New York Press Co. (164 N. Y. 406). In that case, as said in the head note, there was “ an executory contract in writing, attempting to provide over a period of years, for the furnishing of news reports on…
2Cases cited1 opinion
- United Press v. . New York Press Co.New York Court of Appeals · 1900
3Cited by6 opinions
- Varney v. . DitmarsNew York Court of Appeals · 1916
- Mackintosh v. KimballAppellate Division of the Supreme Court of the State of New York · 1905
- Rosbach v. Sackett & Wilhelms Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Towers v. DoroshawNew York Supreme Court · 1957
- Orsini v. Lathrop Co.District Court, D. Alaska · 1950
1 more not listed; retrieve them via the Exa API.