Laska v. . Harris
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 8, 1913, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 8, 1913, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in dismissing the defense and counterclaim alleging the fraud of the plaintiff in inducing the defendant to enter into the very contract -upon which a recovery was had. As the plaintiff perpetrated the fraud upon the defendant he is personally responsible to the defendant,…
1Opinion of the CourtSeabury, J.
This action is for damages for breach of a written contract of employment. The plaintiff claims that he was wrongfully discharged by the defendant before the expiration of the period of employment specified in the contract. The answer pleaded that the plaintiff was discharged for cause and as a defense and counterclaim alleged that the plaintiff was the general manager of a music publishing company known as the Trebuhs Publishing Company and had complete charge of its affairs, and that as a result of fraudulent representations by the plaintiff as to the amount of the assets of the Trebuhs…
2Cases cited7 opinions
- Kley v. . HealyNew York Court of Appeals · 1891
- Upton v. VailNew York Supreme Court · 1810
- Hubbell v. . MeigsNew York Court of Appeals · 1872
- Hubbard v. . BriggsNew York Court of Appeals · 1865
- Heckscher v. . EdenbornNew York Court of Appeals · 1911
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3Cited by26 opinions
- Clearview Concrete Products Corp. v. S. Charles Gherardi, Inc.Appellate Division of the Supreme Court of the State of New York · 1982
- State Street Trust Co. v. ErnstNew York Court of Appeals · 1938
- Greyhound Corp. v. Commercial Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 1940
- Wittenberg v. RobinovNew York Court of Appeals · 1961
- Pennsylvania Co., for Ins. on Lives v. LynchSupreme Court of Pennsylvania · 1932
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