Terhune v. . Mayor, Etc., City of New York
New York Court of Appeals
Appeal from order of the General Term of- the Court of Common Pleas in and for the city and county of New York, made June 6, 1881, which reversed a judgment in favor of plaintiff, entered upon a verdict. The nature of the action and the material facts are set forth in the opinion. Plaintiff, for the wrongful discharge or exclusion from service alleged in the complaint, was entitled to recover damages for a breach of the contract.
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Appeal from order of the General Term of- the Court of Common Pleas in and for the city and county of New York, made June 6, 1881, which reversed a judgment in favor of plaintiff, entered upon a verdict. The nature of the action and the material facts are set forth in the opinion. Plaintiff, for the wrongful discharge or exclusion from service alleged in the complaint, was entitled to recover damages for a breach of the contract. (Howard v. Daly, 61 N. Y. 362; Polk v. Daly, 14 Abb. Pr. [N. S.] 156; Moody v. Leverich, id. 145; Weed v. Burt, 78 N. Y. 191; Aff’d, 7 Daly, 267; Masters v.…
1Opinion of the CourtEarl, J.
Under sections 28 and 76 of the act chapter 335 of the laws of 1873 the fire commissioners of the city of New York were authorized to appoint an inspector of combustibles, who was to be the principal officer of a bureau in the fire department, charged with the execution of all laws relating to the storage, sale and nse of combustible materials in the city of Mew York, and they had power to remove such officer at pleasure, provided prior notice of the cause of removal and an opportunity for making an explanation were first given.
Under these provisions of law the plaintiff was appointed…
2Cases cited5 opinions
- Maxmilian v. . MayorNew York Court of Appeals · 1875
- The People v. . CookNew York Court of Appeals · 1853
- Dolan v. Mayor of New YorkNew York Court of Appeals · 1877
- People v. CookNew York Supreme Court · 1852
- People v. WhiteCourt for the Trial of Impeachments and Correction of Errors · 1840
3Cited by30 opinions
- Workman v. New York CitySupreme Court of the United States · 1900
- Smyth v. . City of New YorkNew York Court of Appeals · 1911
- Stemmler v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1904
- Higgins v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1892
- Sutliffe v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1909
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