Milage v. . Woodward
New York Court of Appeals
Appeal from a judgment entered June 5, 1905, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, which reversed an order of Special Term granting a motion for a new trial after a verdict in favor of plaintiff and denied such motion.
Read the full summary
Appeal from a judgment entered June 5, 1905, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, which reversed an order of Special Term granting a motion for a new trial after a verdict in favor of plaintiff and denied such motion. The nature of the action and the facts, so far as material, are stated in the opinion. a It being conceded by the plaintiff in his own testimony that he did not attempt to get any work after liis discharge, he cannot recover damages for such discharge. (Shannon v. Comstock, 21 Wend. 462; Huntington v. O. & L. C. R. R.…
1Opinion of the CourtEdward T. Bartlett, J.
It is to be remarked at the outset that this is not an action on contract for wages, or for A specified sum due under a written agreement. The plaintiff seeks in this action to recover damages for breach of contract. The complaint specifically alleges “ that by reason of the wrongful and unlawful discharge' of plaintiff by defendant the plaintiff sustained damage in th,e sum of $240.00, no part of which has been paid.”
“ A servant wrongfully discharged has but two remedies growing out of' the wrongful act: (1) He may treat the contract of hiring as continuing though broken by the master, and…
2Cases cited5 opinions
- Howard v. . DalyNew York Court of Appeals · 1875
- Dillon v. . AndersonNew York Court of Appeals · 1870
- Costigan v. Mohawk & Hudson Rail-RoadNew York Supreme Court · 1846
- Moody v. LeverichNew York Court of Common Pleas · 1873
- Fuchs v. . KoernerNew York Court of Appeals · 1887
3Cited by39 opinions
- Maynard v. Royal Worcester Corset Co.Massachusetts Supreme Judicial Court · 1908
- Monger v. . LutterlohSupreme Court of North Carolina · 1928
- Vitagraph, Inc. v. Liberty Theatres Co.California Supreme Court · 1925
- Strong v. American Fence Construction Co.New York Court of Appeals · 1927
- Haughey v. Belmont Quadrangle Drilling Corp.New York Court of Appeals · 1940
34 more not listed; retrieve them via the Exa API.