Denniston v. Finnegan
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles A. Finnegan, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 23d day of December, 1915, upon the verdict of a jury, and also from an order entered in said clerk’s office on the same day denying defendant’s motion for anew trial made upon the minutes.
1Opinion of the Court
Kruse, P. J.:
The primary questions in this controversy are two: (1) A question of fact as to whether the defendant was justified in dismissing the plaintiff from his employment before the expiration of the term for which he had been hired; and (2) whether the plaintiff is entitled to recover all the damages for the entire remaining term of service or only up to the time of the trial.
As to the first question it is enough to say that the evidence amply sustains the finding of the jury that the discharge was wrongful.
As to the second question the defendant contends that the *9plaintiff is entitled…
2Cases cited3 opinions
- Everson v. . PowersNew York Court of Appeals · 1882
- McCargo v. . JergensNew York Court of Appeals · 1912
- Banta v. BantaAppellate Division of the Supreme Court of the State of New York · 1903