Legal Opinion

Schmieder v. Kingsley

New York Court of Common Pleas

Decided December 4, 1893PublishedCited by 5 opinions

Appeal from fourth district court. Separate actions by Ernest Schmieder and by Franz Wagner, respectively, against Herbert M. Kingsley and others for wages. From a judgment for plaintiff in each case, defendants appeal.

1Opinion of the CourtBischoff, J.

Defendants are the proprietors of the Holland House, an hotel in the city of New York, and plaintiff entered their *32employment as a waiter under an agreement in writing, which, in substance, provided that the employment should be by the day, and the compensation at the rate of $25 a month; that defendants reserved the right to discharge plaintiff at any time, in which event all future compensation was to cease, but that plaintiff should not be permitted to abandon the employment except upon three days’ previous notice, in writing, of his intention so to do; and that, if plaintiff should…

2Cases cited4 opinions

  1. Spitze v. Baltimore & Ohio RailroadCourt of Appeals of Maryland · 1892
  2. Kemp v. . Knickerbocker Ice Co.New York Court of Appeals · 1877
  3. Ferree v. EllsworthNew York Court of Common Pleas · 1892
  4. Lennon v. SmithNew York Court of Common Pleas · 1888

3Cited by5 opinions

  1. Ressig v. Waldorf-Astoria Hotel Co.Appellate Division of the Supreme Court of the State of New York · 1918
  2. White v. Mandel Bros.Appellate Court of Illinois · 1928
  3. Rozen v. Dry-Dock, East Broadway & Battery RailroadNew York Court of Common Pleas · 1894
  4. Godt v. HenigsonAppellate Terms of the Supreme Court of New York · 1912
  5. Wagner v. KingsleyNew York Court of Common Pleas · 1894

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