Herbert v. Wood, Dolson Co.
Appellate Terms of the Supreme Court of New York
Appeal by plaintiff from a judgment of the City Court of the city of New York, dismissing the complaint upon the merits at the close of the case, after trial by the court without a jury.
1Opinion of the CourtMullah, J.
The action is by an employee against employer, for damages for wrongful discharge, and the defense is that the discharge was justified. When both sides had rested, the court dismissed the complaint upon the merits, holding that the discharge was justified as matter of law; and the error assigned by the plaintiff is that the question whether the discharge was justified was properly one of fact and so should have been given to the jury.
*672The defendant conducts a general real estate business in the borough of Manhattan, city of New York. On October 6, 1919, the plaintiff entered its employ under a…
2Cases cited4 opinions
- Huntingdon v. . ClaffinNew York Court of Appeals · 1868
- Balkum v. KellumSupreme Court of Alabama · 1887
- Mowbray v. GouldAppellate Division of the Supreme Court of the State of New York · 1903
- Atkinson v. HeineAppellate Division of the Supreme Court of the State of New York · 1909