Colburn v. Woodworth
New York Supreme Court
ACTION brought to recover wages, under a contract to work for the plaintiff for three years, from August 1st, 1857, <- payable quarterly, and damages for a breach of the contract by the defendant, in discharging the plaintiff from his employment, on the 26th December, 1857, without cause.
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ACTION brought to recover wages, under a contract to work for the plaintiff for three years, from August 1st, 1857, <- payable quarterly, and damages for a breach of the contract by the defendant, in discharging the plaintiff from his employment, on the 26th December, 1857, without cause. The defendant pleaded and proved that in January, 1858, after the plaintiff was discharged, he commenced an action in this court against the defendant, and in his complaint claimed one quarter’s wages, and damages for the wrongful discharge on the *26th of December, set forth in the present complaint. That…
1Opinion of the Court
By the Court, Johnson, J.
The only question here presented is, whether the former action, brought by the plaintiff, to recover damages against the defendant for a. breach of the same contract, is a bar to. this action. The plaintiff, in the former action counted upon a breach of the contract by the defendant, in discharging him from further work and labor, under the contract, and refusing to allow him to work any longer under the same, and claimed damages by reason of such *383breach, and for- loss of employment and inability to obtain other employment on terms as favorable as he had secured by…
2Cases cited2 opinions
- Bendernagle v. CocksNew York Supreme Court · 1838
- Brockway v. KinneyNew York Supreme Court · 1807
3Cited by20 opinions
- Pakas v. . HollingsheadNew York Court of Appeals · 1906
- Cutter v. GilletteMassachusetts Supreme Judicial Court · 1895
- Van Winkle v. SatterfieldSupreme Court of Arkansas · 1894
- McMullan v. Dickinson Co.Supreme Court of Minnesota · 1895
- Bassett v. FrenchNew York Court of Common Pleas · 1895
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