Gross v. Kathairo Chemical Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Kathairo Chemical Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 15th day of April, 1907, upon the verdict of a jury in so far as said judgment awards plaintiff any sum in excess of $237, and also from two orders entered in said clerk’s office on the 16th day of April, 1907, and on the 9th day of May, 1907, respectively, denying the defendant’s motions for…
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Appeal by the defendant, the Kathairo Chemical Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 15th day of April, 1907, upon the verdict of a jury in so far as said judgment awards plaintiff any sum in excess of $237, and also from two orders entered in said clerk’s office on the 16th day of April, 1907, and on the 9th day of May, 1907, respectively, denying the defendant’s motions for a new trial made upon the minutes.
1Opinion of the Court
Miller, J.:
I think that upon any reasonable view of the evidence the defendant was justified in discharging the plaintiff from its employment, and that the complaint should have been dismissed as to the first cause of action. (Jerome v. Queen City Cycle Co., 163 N. Y. *166351.) "While the cause for the discharge was not pleaded as a defense the question was litigated without objection, and the respondent on this appeal'makes' no point that the defense was not pleaded.
The plaintiff was employed in the capacity of salesman and general manager of the defendant’s sales department for the…
2Cases cited1 opinion
- Jerome v. . Queen City Cycle Co.New York Court of Appeals · 1900
3Cited by1 opinion
- Williamson v. American Foil Co.Appellate Division of the Supreme Court of the State of New York · 1913