Studner v. H. & N. Carburetor Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff,-Myroh M. Studner, from a determination and order of the’Appellate Term of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 9th day of April, 1918, reversing a judgment of the City Court of the City of New York in plaintiff’s favor and also reversing the order of said City Court denying defendant’s motion for a new trial.
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Appeal by the plaintiff,-Myroh M. Studner, from a determination and order of the’Appellate Term of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 9th day of April, 1918, reversing a judgment of the City Court of the City of New York in plaintiff’s favor and also reversing the order of said City Court denying defendant’s motion for a new trial. The order and determination appealed from also dismissed the complaint.
1Opinion of the Court
Smith, J.:
The action was brought to recover damages for a breach of a contract of employment; the contract contained this clause: “If after thirty days from date we are dissatisfied with yoür services we will have the option of cancelling this agreement.” In the City Court the trial judge submitted to the jury the issue whether the defendant was in good faith dissatisfied with the plaintiff’s services and discharged him on that account, charging the jury that if such were the case, the plaintiff could not recover. The jury found for the plaintiff, in effect holding that the discharge was not…
2Cases cited2 opinions
- Crawford v. . Mail Express Publishing Co.New York Court of Appeals · 1900
- Beck v. Only Skirt Co.Appellate Division of the Supreme Court of the State of New York · 1917
3Cited by3 opinions
- Gutner v. Success Magazine Corp.New York Supreme Court · 1928
- Zitlin v. Max Heit Dress Corp.Appellate Terms of the Supreme Court of New York · 1934
- Ullman v. MayOhio Court of Appeals · 1946