Bassett v. French
New York Court of Common Pleas
Appeal from judgment on report of referee. Action by Charles O. Bassett against Thomas Henry French to recover damages for wrongful discharge. The complaint set out the contract of service by which the defendant refused to take plaintiff into his employment. Defendant made no answer, and thereupon a reference was ordered to assess damages. The assessment was had before expiration of the stipulated term of employment.
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Appeal from judgment on report of referee. Action by Charles O. Bassett against Thomas Henry French to recover damages for wrongful discharge. The complaint set out the contract of service by which the defendant refused to take plaintiff into his employment. Defendant made no answer, and thereupon a reference was ordered to assess damages. The assessment was had before expiration of the stipulated term of employment. From part of the judgment on assessment of damages by the referee, and from an order denying a motion for a larger judgment, plaintiff appeals. From the whole judgment, and from…
1Opinion of the CourtPryor, J.
The plaintiff had the option to sue either immediately on the renunciation of the contract by the defendant, or to await the expiration of the stipulated period of service. In the latter alternative, clearly, the plaintiff could recover damages equivalent in amount to the salary for the entire term of service, less actual or attainable earnings in other employment. The period of service being-past, no element of uncertainty or speculation could enter into the-computation of damages. The stated salary would be the prima facie extent of recovery, and what plaintiff had or might have earned…
2Cases cited23 opinions
- Wakeman v. Wheeler & Wilson Manufacturing Co.New York Court of Appeals · 1886
- Howard v. . DalyNew York Court of Appeals · 1875
- Schell v. . PlumbNew York Court of Appeals · 1874
- Bernstein v. . MeechNew York Court of Appeals · 1891
- Farrell v. School-District No. 2Michigan Supreme Court · 1893
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3Cited by13 opinions
- Davis v. DodgeAppellate Division of the Supreme Court of the State of New York · 1908
- Allen v. FieldCourt of Appeals for the Second Circuit · 1904
- Fahey v. KennedyAppellate Division of the Supreme Court of the State of New York · 1930
- Mathot v. TriebelAppellate Division of the Supreme Court of the State of New York · 1905
- Sauerbrunn v. Hartford Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1914
8 more not listed; retrieve them via the Exa API.