Merrill v. Wakefield Rattan Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Simon M. Merrill, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 10th day of May, 1895, upon the dismissal of the complaint directed by the court after a trial at the New York Circuit before the court and a jnr.y- Plaintiff is a resident of New York city, and defendant is a Massachusetts corporation, having its principal office in Boston.
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Appeal by the plaintiff, Simon M. Merrill, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 10th day of May, 1895, upon the dismissal of the complaint directed by the court after a trial at the New York Circuit before the court and a jnr.y- Plaintiff is a resident of New York city, and defendant is a Massachusetts corporation, having its principal office in Boston. Prior to January 1,1892, plaintiff had been for a long time general manager of defendant’s office at 924 Broadway, in the city of New York, at an…
1Opinion of the Court
Barrett, J.:
We need not consider the point upon which the complaint was dismissed, or the reasons given by the learned judge for the dismissal. It was properly dismissed if for any reason the plaintiff had no legal claim against the defendant. Now, assuming that the contract relation between the parties was unaffected by the formation of the New York company, or by the position in that company which the plaintiff took, still that contract relation was terminated by what transpired when the plaintiff finally retired. At that time he not only resigned from the New York company, but completely…
2Cited by7 opinions
- Steranko v. Inforex, Inc.Massachusetts Appeals Court · 1977
- Robert L. Molinar v. Western Electric CompanyCourt of Appeals for the First Circuit · 1976
- Donnelly v. United Fruit Co.New Jersey Superior Court Appellate Division · 1962
- Levitz v. Robbins Music Corp.Appellate Division of the Supreme Court of the State of New York · 1958
- Martin v. Gauld Co.Oregon Supreme Court · 1920
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