Legal Opinion

Varney v. . Ditmars

New York Court of Appeals

Decided February 22, 1916PublishedCited by 96 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 5, 1913, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. The contract was enforceable. (King v. Broadhurst, 164 App. Div. 689; Donovan v. Harriman, 139 App. Div. 588; Howie v. Kosnowitz, 83 App.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 5, 1913, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. The contract was enforceable. (King v. Broadhurst, 164 App. Div. 689; Donovan v. Harriman, 139 App. Div. 588; Howie v. Kosnowitz, 83 App. Div. 295.) There was no contract between the parties other than one continued from week to week as long as the plaintiff was…

1Opinion of the CourtChase, J.

This is ah action brought for an alleged wrongful dischaz'ge of an employee. The defendant is an architect employing engineers, draftsmen and other assistants. The plaintiff is an architect and draftsman. In October, 1910, he applied to the defendant for employment and when asked what wages he wanted, replied that he would start for $40 per week. He was employed at $35 per week. A short time thereafter he informed the defendant that he had another position offered to him and the defendant said that if he would remain with him and help him through the work in his office he thought he could…

2Cases cited16 opinions

  1. United Press v. . New York Press Co.New York Court of Appeals · 1900
  2. Wittkowsky v. WassonSupreme Court of North Carolina · 1874
  3. Silver v. GravesMassachusetts Supreme Judicial Court · 1911
  4. Noble v. Joseph Burnett Co.Massachusetts Supreme Judicial Court · 1911
  5. Marble v. Standard Oil Co.Massachusetts Supreme Judicial Court · 1897

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3Cited by96 opinions

  1. Cron v. Hargro Fabrics, Inc.New York Court of Appeals · 1998
  2. Don King Productions, Inc. v. DouglasDistrict Court, S.D. New York · 1990
  3. Schade v. DiethrichArizona Supreme Court · 1988
  4. St. Regis Paper Co. v. Hubbs & Hastings Paper Co.New York Court of Appeals · 1923
  5. Candid Productions, Inc. v. International Skating UnionDistrict Court, S.D. New York · 1982

91 more not listed; retrieve them via the Exa API.

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