Berrien v. Southack
City of New York Municipal Court
Appeal from trial term. Action by William M. Berrien against Frederick Southack for the wrongful discharge of plaintiff from defendant’s service. Judgment was entered on a verdict for plaintiff, and defendant appeals.
1Opinion of the Court
McAdam, O. J.
The action is by an employe to recover damages for a wrongful discharge. The contract, which was made, according to-the complaint, in March, 1887, was to continue from May 1, 1887, till May 1, 1888. The plaintiff was discharged February 14, 1888, and recovered a verdict for salary, by way of damages, from that date until May 1, 1888. As the contract declared on was an oral one, which, by its terms, was not to be performed within one year from the time of the making thereof, it was void under the statute of frauds. 3 Rev. St. (6th Ed.) p. 142, § 2, subd. 1; Little v. Wilson, 4 E.…
2Cases cited13 opinions
- Marston v. . SwettNew York Court of Appeals · 1876
- Cozine v. Graham & BleekerNew York Court of Chancery · 1830
- Harris v. KnickerbackerCourt for the Trial of Impeachments and Correction of Errors · 1830
- Duffy v. . O'DonovanNew York Court of Appeals · 1871
- Porter v. . WormserNew York Court of Appeals · 1884
8 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Powder River Live Stock Co. v. LambNebraska Supreme Court · 1893
- Parver v. Matthews-Kadetsky Co.Appellate Division of the Supreme Court of the State of New York · 1934
- Gudenau v. Farm Crest Bakeries, Inc.Michigan Supreme Court · 1934
- McGovern v. Madame Elize, Inc.New York Supreme Court · 1930
- Patterson v. PowellAppellate Terms of the Supreme Court of New York · 1900
3 more not listed; retrieve them via the Exa API.