Halpern v. Horwitz
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Trial Term. Action by Nathan Halpern against Meyer Horwitz and another, co-partners as Horwitz Bros. Judgment for plaintiff for $215, and he appeals. Reversed, and new trial granted.
1Opinion of the CourtBijur, J.
Plaintiff sued for damages for his unlawful discharge in May, 1913, under a contract of employment with defendants terminating in December.
*381[1] The learned judge below excluded from the consideration of the jury any damages accruing after July 17th on the ground that on that date defendants had offered plaintiff re-employment. It was, however, at best a question for the jury whether, under the circumstances, plaintiff was bound to accept such re-employment. See Heiferman v. Greenhut Co., 83 Misc. Rep. 435, 145 N. Y. Supp. 142.
[2] Further error was committed in refusing to charge that the…
2Cases cited2 opinions
- Howard v. . DalyNew York Court of Appeals · 1875
- Heiferman v. Greenhut Cloak Co.Appellate Terms of the Supreme Court of New York · 1913