Baker v. D. Appleton & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, D. Appleton & Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 24th day of December, 1902, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 18th day of December, 1902, denying the defendant’s motion for a new trial made upon the minutes.
1Concurrence
Hirschberg, P. J. (concurring) :
I concur in the view of this case which has been adopted by Mr. Justice Rich. The leading cases in the Court of Appeals on the duration of an indefinite contract of hiring are Adams v. Fitzpatrick (125 N. Y. 124) and Martin v. Insurance Co. (148 id. 117). In the Martin case it was held that an original hiring where no time was specified was only a hiring at will notwithstanding the agreement was for the payment of compensation at a *363yearly rate. In the Adams case it was held that where there was a hiring for the fixed period of a year, it would be presumed on…
2Cases cited3 opinions
- Williamson v. . BrownNew York Court of Appeals · 1857
- Adams v. . FitzpatrickNew York Court of Appeals · 1891
- Hotchkiss v. GodkinAppellate Division of the Supreme Court of the State of New York · 1901