Cox v. Albany Brewing Co.
New York Supreme Court
Appeal from circuit court, Albany county. Action by Luke Cox against the Albany Brewing Company, to recover damages for breach of a contract of employment, alleged by the plaintiff to have been made by and between him and the defendant for the plaintiff’s personal services for one year, at two dollars per day. The plaintiff served ten weeks and one day, and then was discharged; being paid in full for the time of his actual service.
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Appeal from circuit court, Albany county. Action by Luke Cox against the Albany Brewing Company, to recover damages for breach of a contract of employment, alleged by the plaintiff to have been made by and between him and the defendant for the plaintiff’s personal services for one year, at two dollars per day. The plaintiff served ten weeks and one day, and then was discharged; being paid in full for the time of his actual service. On Saturday, May 7, 1888, the plaintiff received a postal-card, signed by the defendant’s stamp, stating: “If you come to the brewery, we have a position for you.…
1Opinion of the CourtLandon, J.
The plaintiff was non-suited. He is therefore entitled to the most favorable inferences of which the testimony admits. He dealt with the person whom the defendant permitted to be its representative in its dealings with the plaintiff, from and including the time of his employment, during the *842ten weeks and one day of his service, and until and including his payment and discharge. As between the parties, Grey was the ostensible agent of defendant, and clothed with all the power he assumed to exercise. Besides, there is no intimation in the evidence that his real power was not as ample as his…
2Cited by1 opinion
- Cox v. Albany Brewing Co.New York Supreme Court · 1890