Legal Opinion

Arnold v. Adams

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1898PublishedCited by 5 opinions

Appeal by the defendants, Luther Adams and others, from a judgment of the Supreme Court ip favor of the plaintiff, entered in the office of the clerk of the county of Saratoga on the 28th day of April, 1897, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 14th day of May, 1897, denying the defendants’ motion for a new trial made upon the minutes.

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Appeal by the defendants, Luther Adams and others, from a judgment of the Supreme Court ip favor of the plaintiff, entered in the office of the clerk of the county of Saratoga on the 28th day of April, 1897, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 14th day of May, 1897, denying the defendants’ motion for a new trial made upon the minutes. This is an action brought by the plaintiff as the assignee of her husband, Charles M. Arnold, to recover the sum of $100, alleged to be due him from the defendants as salary for the month commencing October 25…

1Opinion of the Court

Herrick, J.:

No specific form of words is necessary in order to discharge an employee; any language that gives him to understand that his services are no longer required is sufficient. (Jackson v. Mayor, 87 Hun, 296, and cases cited ; Ryan v. Mayor, 154 N. Y. 328.)

*348The letters written by the defendants to the plaintiff seem to me abundantly sufficient to give him to understand that they no longer required his services.

In the letter of October eighteenth they sent Him eighty dollars for his traveling expenses, payable two weeks in advance, as their contract required them to do, and which he was…

2Cases cited3 opinions

  1. Howard v. . DalyNew York Court of Appeals · 1875
  2. Ryan v. Mayor of New YorkNew York Court of Appeals · 1897
  3. Jackson v. Mayor of New YorkNew York Supreme Court · 1895

3Cited by5 opinions

  1. Walsh v. New York & Kentucky Co.Appellate Division of the Supreme Court of the State of New York · 1903
  2. Sigmon v. GoldstoneAppellate Division of the Supreme Court of the State of New York · 1906
  3. Allen v. Glen Creamery Co.Appellate Division of the Supreme Court of the State of New York · 1905
  4. Saltz Bros. v. SaltzCourt of Appeals for the D.C. Circuit · 1941
  5. Cullen v. Battle Island Paper Co.Appellate Division of the Supreme Court of the State of New York · 1908

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