National Life Insurance Co. of U. S. v. Ferguson
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. C. B. Smith. Assumpsit by E. S. Ferguson against the National Life Insurance Company of the United States of America. Judgment for plaintiff, and defendant appeals.
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Appeal from Jefferson Circuit Court. Heard before Hon. C. B. Smith. Assumpsit by E. S. Ferguson against the National Life Insurance Company of the United States of America. Judgment for plaintiff, and defendant appeals. Transferred from, the Court of Appeals under section 6, Acts 1911, p. 449. The defendant offered plaintiff, then in Michigan, employment as shown by the following letter, dated August 13, 1913: “If you want to come to work for us, we will give you $150 per month salary for several weeks work at Chicago, if necessary for this long, until such a time as Atlanta or some other…
1Opinion of the Court
SOMERVILLE, J.—(1) When services are rendered under an offer to pay for them at so much per week or month, Without specifying the duration of the employment, the employment is terminable by either party at the end of any unit period; and the beginning of each new unit period necessarily postpones the right to terminate until the end of that period. — Clark v. Ryan, 95 Ala. 406, 11 South. 22.(2) The only question in this case is whether the plaintiff was working for the defendant by the month or by the week. If by the month, he was entitled to pay for nine days additional after his discharge…
2Cases cited1 opinion
- Clark v. RyanSupreme Court of Alabama · 1891
3Cited by6 opinions
- Alabama Mills, Inc. v. SmithSupreme Court of Alabama · 1939
- Boatright v. Steinite Radio Corp.Court of Appeals for the Tenth Circuit · 1931
- Scott v. LaneSupreme Court of Alabama · 1982
- Peacock v. Virginia-Carolina Chemical Co.Supreme Court of Alabama · 1930
- Northrop v. KirbyDistrict Court, N.D. Alabama · 1978
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