Hancock v. Flynn
New York Supreme Court
Appeal from a judgment .entered in Onondaga county in the county court of that county upon the report of a referee, in favor of plaintiff for $53.50 damages. The action originated in a justice’s court and came into the county court for a retrial, where a reference was ordered.
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Appeal from a judgment .entered in Onondaga county in the county court of that county upon the report of a referee, in favor of plaintiff for $53.50 damages. The action originated in a justice’s court and came into the county court for a retrial, where a reference was ordered. The plaintiff complained of the defendant “ for breach of contract and damages to goods and material; injury to plaintiff’s business to the amount of $200.” Her answer contained a denial and a counterclaim growing out of a breach of a contract bearing date October 2,1886, between the parties. That contract was as…
1Opinion of the CourtHardin, P. J.
Whether the plaintiff was authorized to discharge the defendant from his employment or not was a prominent question litigated upon the trial. The" appeal hook presents a conflict in the evidence in respect thereto. And the finding of the referee would probably meet with our approval in that regard if rve were satisfied that no error was committed in receiving evidence which bore upon the question.
The practical construction which the parties gave to the contract was to the effect that if the defendant injured any goods or caused any loss to come to the plaintiff by reason of her unskillful or…
2Cases cited17 opinions
- Vosburgh v. ThayerNew York Supreme Court · 1815
- National Ulster County Bank v. MaddenNew York Court of Appeals · 1889
- Smith v. . RentzNew York Court of Appeals · 1892
- Gould v. ConwayNew York Supreme Court · 1871
- Carradine v. . HotchkissNew York Court of Appeals · 1890
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