Davis v. Frank
Appellate Terms of the Supreme Court of New York
Appeal by plaintiff from a judgment of the City Court of the city of New York, dismissing complaint of plaintiff, and from an order in effect denying a motion for a new trial to the same effect.
1Opinion of the CourtPhilbin, J.
The action is to recover damages for an alleged breach of an oral contract of employment. The complaint was dismissed at the opening of the trial before counsel opened to the jury or introduced *684any evidence. Thus we have what amounts to an oral demurrer and the complaint is to be construed liberally in the plaintiff’s favor.
The pleading was held defective because of the following allegations: ‘ ‘ That heretofore and on or about the 31st day of August, 1916, the plaintiff and the defendant entered into an agreement, wherein and whereby the defendant employed the plaintiff as a milliner for a…
2Cases cited4 opinions
- Wood v. . Duff-GordonNew York Court of Appeals · 1917
- Moran v. . Standard Oil Co.New York Court of Appeals · 1914
- Grossman v. . SchenkerNew York Court of Appeals · 1912
- Benedict v. . PincusNew York Court of Appeals · 1908
3Cited by3 opinions
- In re the Estate of McGloneNew York Surrogate's Court · 1939
- Fellows v. Fairbanks Co.Appellate Division of the Supreme Court of the State of New York · 1923
- Hudson Trading Co. v. DurandAppellate Division of the Supreme Court of the State of New York · 1920