Legal Opinion

Solomon v. . Vallette

New York Court of Appeals

Decided March 2, 1897PublishedCited by 10 opinions

Appeal from an order of the General Term of the Superior Court of Buffalo, made July 2, 1894, affirming as to the facts, but reversing upon the law, a judgment in favor of plaintiff entered upon a verdict, and also an order denying a motion for a new trial, and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The order is appealable. (Edgecomb v. Buckhout, 146 N. Y. 332; 83 Hun, 168; Code Civ.

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Appeal from an order of the General Term of the Superior Court of Buffalo, made July 2, 1894, affirming as to the facts, but reversing upon the law, a judgment in favor of plaintiff entered upon a verdict, and also an order denying a motion for a new trial, and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The order is appealable. (Edgecomb v. Buckhout, 146 N. Y. 332; 83 Hun, 168; Code Civ. Pro. § 1346; Pharis v. Gere, 112 N. Y. 408.) The pleadings present the single question whether the defendant discharged the plaintiff for…

1Opinion of the CourtHaight, J.

The complaint alleged that, on the 25th day of September, 1886, the plaintiff and defendant entered into a certain contract in writing, whereby the defendant employed the plaintiff to do certain specified work, and agreed to pay him therefor thirty-five dollars a week, from the 25th day of September, 1886, until the 25th day of September, 1887, “as from the said contract, to which this plaintiff asks leave to refer upon the trial of this action, it will more fully and at large appear ; ” that under and in pursuance of the contract, the plaintiff entered upon his employment and continued in…

2Cases cited4 opinions

  1. Howard v. . DalyNew York Court of Appeals · 1875
  2. Perry v. . DickersonNew York Court of Appeals · 1881
  3. Everson v. . PowersNew York Court of Appeals · 1882
  4. Weed v. . BurtNew York Court of Appeals · 1879

3Cited by10 opinions

  1. Beatty v. . Guggenheim Exploration Co.New York Court of Appeals · 1919
  2. W. C. Early Co. v. WilliamsTennessee Supreme Court · 1916
  3. Salinas v. SalinasNew York Supreme Court · 1946
  4. Miles v. HoughtalingAppellate Division of the Supreme Court of the State of New York · 1969
  5. Metzger v. Ætna InsuranceAppellate Division of the Supreme Court of the State of New York · 1930

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