Streep v. McLoughlin
Appellate Terms of the Supreme Court of New York
Action by Frank S. Streep against John McLoughlin and others.
1Opinion of the CourtMcADAM, J.
The action was for wrongful discharge, and the main issue whether the hiring was by the year as claimed by the plaintiff, or by the week as urged by the defendants. The jury found for the plaintiff, and, as no motion for a dismissal of the complaint or direction of a verdict was made at the close of the plaintiff’s case, the defendants conceded the plaintiff’s right to have the issues submitted to the jury. Pollock v. Iron Works Co., 157 N. Y. 699, 700, 51 N. E. 979. Under the circumstances, we must regard the finding of the jury as conclusively settling the facts (Rowe v. Comley, 11 Daly,…
2Cases cited6 opinions
- Pollock v. . Pennsylvania Iron Works CompanyNew York Court of Appeals · 1898
- Briscoe v. LittAppellate Terms of the Supreme Court of New York · 1896
- Rowe v. ComleyNew York Court of Common Pleas · 1882
- Bogan v. WrightAppellate Terms of the Supreme Court of New York · 1897
- Mahoney v. O'NeillAppellate Terms of the Supreme Court of New York · 1899
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