Dows v. Morrison
New York Court of Common Pleas
Appeal from ninth district court. 1 Action by Joseph H. Dows against Edward A. Morrison and others to recover salary. Judgment for plaintiff. Defendants appeal. Iieversed, unless plaintiff remit damages.
1Opinion of the CourtBischoff, J.
On the argument of this appeal we intimated our opinion that plaintiff’s employment by defendants’ cashier, Osborn, at the sa;ary of $90 per month, was within the latter’s apparent authority, and to this, upon attentive examination of the evidence, we adhere. We also at the time expressed our view that it was error for the trial justice at the trial, and in fact after the trial was begun, to allow an amendment of the complaint by adding thereto a new and inconsistent cause of action, to wit, damages for breach of the contract of employment, and that-defendants’ exception to the allowance was…
2Cited by3 opinions
- American Mills Co. v. HoffmanCourt of Appeals for the Second Circuit · 1921
- Hawkes v. BurkeAppellate Terms of the Supreme Court of New York · 1901
- Balch v. WurzburnerNew York Court of Common Pleas · 1894