Rafalo v. Edelstein
Appellate Terms of the Supreme Court of New York
Appeal by defendants from a judgment of the City Court of the city of New York, entered upon the verdict of a jury rendered in favor of the plaintiffs.
1Dissent
Bijur, J. (dissenting).
The main point raised on this appeal is that the learned trial judge charged the jury as follows: “If the proof in the case satisfies you that, prior to the time she was notified that she had been discharged, these defendants were assuring her ■that she might reconsider her determination not to play the particular part assigned to her, she would then be justified up to that time in refusing to take up the part. When the direction became imperative that she should assume the part and if, before they had discharged her, she had agreed to assume it, even if it were…
2Cases cited9 opinions
- Howard v. . DalyNew York Court of Appeals · 1875
- Milage v. . WoodwardNew York Court of Appeals · 1906
- Jerome v. . Queen City Cycle Co.New York Court of Appeals · 1900
- Gray v. . ShepardNew York Court of Appeals · 1895
- Kennedy v. . PorterNew York Court of Appeals · 1888
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