Gregory v. . Mayor, Etc., of New York
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made October 26, 1887, which affirmed a judgment in favor of plaintiff, entered upon a verdict directed by the court. This action was brought by plaintiff to recover salary claimed to be due him as inspector of excise in the city of New York from December 15, 1880, to September 1,1881. The facts are sufficiently stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made October 26, 1887, which affirmed a judgment in favor of plaintiff, entered upon a verdict directed by the court. This action was brought by plaintiff to recover salary claimed to be due him as inspector of excise in the city of New York from December 15, 1880, to September 1,1881. The facts are sufficiently stated in the opinion. The resolution of December fifteenth, by which the board of excise suspended the plaintiff from duty without pay, of which notice was…
1Opinion of the CourtPeckham, J.
The claim that the plaintiff was not an employe of the defendant does not seem to have been raised upon the'trial. It was not included as a ground in the motion for a nonsuit made by the defendant, and does not seem to have been raised by any proper exception taken in the progress of the trial. The defendant, at the end of the case, asked the court to direct the jury to find a verdict for the defendant, and never asked that any question of fact should be submitted to it. The court was, therefore, placed in the position of the jury upon any such question, and the decision thereof by the court…
2Cases cited2 opinions
- State ex rel. Brison v. LingoSupreme Court of Missouri · 1858
- State ex rel. Graham v. Chamber of CommerceWisconsin Supreme Court · 1865
3Cited by61 opinions
- Ransom v. City of BostonMassachusetts Supreme Judicial Court · 1906
- Maben v. RosserSupreme Court of Oklahoma · 1909
- Emmitt v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1891
- Sinicropi v. BennettAppellate Division of the Supreme Court of the State of New York · 1983
- Lethbridge v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1892
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