Frank v. Manhattan Maternity & Dispensary
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Seventh District. Action by Alexander Frank against the Manhattan Maternity & Dispensary. From a judgment for plaintiff, defendant appeals. Reversed, and new trial ordered.
1Opinion of the CourtLeventritt, J.
The plaintiff had a recovery of $50 below in an action for unlawful discharge. The judgment cannot stand, as there was a failure to prove a hiring for any definite term. On direct examination the plaintiff testified that he saw the superintendent of the defendant, Miss Mewhort, “in the middle of March, 1907, and Miss Mewhort accepted me at $50 a month.” Not a word was said as to the term of hiring. He went to work on March 16th, received $25 on April 1st, and on the 10th was told to leave on the following day. This action is brought to recover wages up to the 11th and *405damages from that day to…
2Cases cited6 opinions
- Martin v. New York Life InsuranceNew York Court of Appeals · 1895
- Outerbridge v. CampbellAppellate Division of the Supreme Court of the State of New York · 1903
- Hotchkiss v. GodkinAppellate Division of the Supreme Court of the State of New York · 1901
- Baker v. D. Appleton & Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Fisher v. Sanchez & Haya Co.Appellate Division of the Supreme Court of the State of New York · 1899
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3Cited by1 opinion
- Reitzfeld v. SobelAppellate Terms of the Supreme Court of New York · 1909