Dunkell v. Simons
New York Court of Common Pleas
Appeal from city court, general term. Action by Albert Dunkell against Henry P. Simons and Frederick G-. Cunningham, trading as H. F. Simons & Co., to recover damages for plaintiff’s alleged wrongful discharge from defendants’ service. From a judgment affirming the judgment of the trial term in plaintiff’s favor, defendants appeal. For the facts and former opinion, see 5 H. Y. Supp. 417.
1Opinion of the CourtVan Hoesen, J.
The plaintiff, as the servant of the defendants, was bound to obey the lawful instructions they gave as to the manner in which he should perform the work that they employed him to do. It was no excuse for his disobeying his masters’ orders that he thought that his dignity would be impaired in the eyes of some customers if he should, in obedience to the defendants’ commands, apply to the defendants for permission to sell goods at a lower figure than that at which he had first offered them. The defendants had a right to fix the prices upon their own goods, and to insist that any offer of a…
2Cited by4 opinions
- Rosbach v. Sackett & Wilhelms Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Ball v. Livonia Salt & Mining Co.New York Court of Common Pleas · 1894
- Rafalo v. EdelsteinAppellate Terms of the Supreme Court of New York · 1913
- Rafalo v. EdelsteinAppellate Terms of the Supreme Court of New York · 1913