Latiner v. Wonderland Amusement Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Bernard Latiner, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 10th day of November, 1913, upon the dismissal of the complaint by direction of the court at the close of plaintiff’s case.
1Per curiam
Plaintiff sued for damages for breach of a contract of employment. The alleged contract was oral and was made, on defendant’s behalf, by Burlinghoff, its treasurer. After one week’s service, for which he was paid, plaintiff was discharged. The complaint was dismissed for lack of proof that Burlinghoff had authority to bind defendant by a contract running for so long a period as the one sought to be established. We think the facts proved made out a prima facie case. Whether or no the treasurer has or has not power to enter into ordinary contracts affecting the usual business of the…
2Cases cited3 opinions
- Phillips v. . CampbellNew York Court of Appeals · 1870
- Traitel Marble Co. v. Brown Bros.Appellate Division of the Supreme Court of the State of New York · 1913
- Parmelee v. Associated Physicians & SurgeonsNew York Court of Common Pleas · 1894
3Cited by2 opinions
- Harrison v. RepettiAppellate Terms of the Supreme Court of New York · 1916
- Latiner v. Wonderland Amusement Co.Appellate Division of the Supreme Court of the State of New York · 1915