Bleecker v. . Johnston
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of New York, affirming a judgment in favor of plaintiff entered upon a verdict. This action was brought for an alleged breach of a contract of employment. Plaintiff alleged that defendants, who were co-partners, employed him as a clerk for a year, but discharged him without cause before the end of the year. He was the only witness to support his claim.
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Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of New York, affirming a judgment in favor of plaintiff entered upon a verdict. This action was brought for an alleged breach of a contract of employment. Plaintiff alleged that defendants, who were co-partners, employed him as a clerk for a year, but discharged him without cause before the end of the year. He was the only witness to support his claim. Defendant, John Johnston, was called as a witness, and gave evidence for the defense, which directly conflicted with that of plaintiff. It appeared…
1Opinion of the CourtAllen, J.
The cause was submitted to the jury as upon a conflict of evidence as to the terms of the hiring of the plaintiff', the only witnesses being the plaintiff and one of the defendants; the other defendant, although in the city at the time of the trial, and present at the hiring, not being present in court or examined as a witness. The. judge properly instructed the jury that the affirmative of the issue was with the plaintiff, and that to entitle him to a verdict the evidence should preponderate in his favor.
The omission of the defence to call as witnesses both of the defendants was relied upon…
2Cases cited3 opinions
- The People v. . DyleNew York Court of Appeals · 1860
- Gordon v. . the PeopleNew York Court of Appeals · 1865
- People v. McWhorterNew York Supreme Court · 1848
3Cited by58 opinions
- Barringer v. ArnoldMichigan Supreme Court · 1960
- Milio v. Railway Motor Trucking Co.Appellate Division of the Supreme Court of the State of New York · 1939
- Perlman v. ShanckAppellate Division of the Supreme Court of the State of New York · 1920
- Wright v. Safeway Stores, Inc.Washington Supreme Court · 1941
- Schwier v. New York Central & Hudson River RailroadNew York Court of Appeals · 1882
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