Walton v. Mather
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from an-affirmance, by the General-Term of the City Court, of a judgment for $459.53, entered upon the verdict of a jury in favor of the plaintiff for $112.50, and affirming an order denying the defendant’s motion for a new trial. The action was brought upon a contract for services as actor and stage manager, to recover damages for the wrongful discharge of the plaintiff by the defendant' on December 20, 1890.
1Opinion of the CourtDaly, P. J.
In the month of June, 1890, the plaintiff was engaged by the defendant’s agent as actor and stage manager, and they signed the following memorandum:
“ This memorandum certifies that I have engaged, this 12th day of June, 1890, Mr. Henry E. "Walton, for the Margaret Mather Dramatic Company Season of' 1890-1, and at a salary of seventy-five ($75) dollars per week, subject to the conditions and' regulations of a contract which is to be substituted for this memorandum.
(Signed) D. C. Willoughby,
'H. E. Walton.”
This writing afforded no ground of action by either party against the other, as neither…
2Cases cited2 opinions
- Mayer v. . McCreeryNew York Court of Appeals · 1890
- Law v. PembertonNew York Court of Common Pleas · 1894
3Cited by1 opinion
- Power Service Corporation v. JoslinCourt of Appeals for the Ninth Circuit · 1949