Opdyke v. Whiting
New York Supreme Court
Appeal from judgment on report of referee. Action by Zachariah Opdyke against W. Fred Whiting and others. Judgment was entered in Cayuga county on the report of a referee in favor of plaintiff, and defendants appeal.
1Opinion of the CourtMacomber, J.
If there is evidence to sustain the conclusions of the referee the judgment must be affirmed, because there are no exceptions to his findings, and no requests were made to him to find differently than he has upon the evidence before him. The action is brought to recover for services from the 3d day of May, 1886, for a period of one year, and for damages for an unlawful dismissal of the plaintiff as salesman at a time prior to the expiration of the term of the service. The plaintiff was employed by the defendants, who are in the milling business, to make sales for them of flour and feed, on…
2Cases cited1 opinion
- Taylor v. Enoch Morgan's Sons' Co.New York Supreme Court · 1888