Legal Opinion

Hogan v. Carroll

New York Supreme Court

Decided October 19, 1889Published

Appeal from a judgment of the county court of Monroe county, entered on the verdict of a jury, and from an order denying the defendant’s motion for a new trial upon the minutes, and likewise from an order denying a motion for a new trial on a case and affidavits upon the ground of newly-discovered evidence.

1Opinion of the CourtMacomber, J.

The defendants, who are dry goods merchants, employed the plaintiff on the 21st day of February, 1887, in their cloak department. The plaintiff claimed and gave evidence to establish the fact that the employment was for the period of one year, while the defendants’ testimony tended to show that the employment was only from week to week. The defendants discharged the plaintiff on the 9th day of July, 1887.

For such discharge and for the inability of the plaintiff to earn wages during a portion of the period between the time that he was discharged and the time of the expiration of the employment…

2Cases cited9 opinions

  1. Russell v. . RandallNew York Court of Appeals · 1890
  2. Durant v. AbendrothNew York Supreme Court · 1888
  3. Clegg v. New York Newspaper UnionNew York Supreme Court · 1889
  4. Sistare v. OlcottNew York Supreme Court · 1889
  5. Evans v. United States Life InsuranceNew York Supreme Court · 1887

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