Barnett v. Cohen
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Trial Term. Action by Morris A. Barnett against Isaac Cohen. Judgment for plaintiff, and defendant appeals.
1Opinion of the CourtGreenbaum, J.
The gravamen of plaintiff’s complaint is that on March 23, 1907, he was wrongfully discharged by the defendant, with whom he had a contract of employment for one year, ending November 17, 1907. Upon the facts as testified to by the plaintiff, he left the defendant’s employ, not because he was discharged or told to leave by defendant, but because the latter refused to pay him the balance of $180 apparently concededly due plaintiff at the time when he ceased working for defendant.
The plaintiff was clearly justified in his refusal to continue to *836work for the defendant upon defendant’s failure to…
2Cases cited3 opinions
- William Wharton, Jr., & Co. v. WinchNew York Court of Appeals · 1893
- Johnson v. TyngAppellate Division of the Supreme Court of the State of New York · 1897
- Wheaton v. HigginsAppellate Terms of the Supreme Court of New York · 1904
3Cited by5 opinions
- Percival v. National Drama CorporationCalifornia Supreme Court · 1919
- Cochran v. HamblenCourt of Appeals of Texas · 1919
- Hill v. RaymondCourt of Appeals for the D.C. Circuit · 1935
- Berger v. Urban Motion Picture Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 1923
- Rosenthal v. BecherCity of New York Municipal Court · 1936