Legal Opinion

Smith v. Herring-Hall-Marvin Safe Co.

Appellate Terms of the Supreme Court of New York

Decided March 5, 1909PublishedCited by 1 opinion

Appeal from Municipal Court, Borough of Manhattan, First District. Action by Abram V. Smith against the Herring-Hall-Marvin Safe Company. From a judgment for plaintiff, defendant appeals. Reversed, and new trial ordered.

1Opinion of the CourtGildersleeve, P. J.

Plaintiff received the following letter from defendant, which he marked “Accepted” and countersigned, and which constitutes the contract between the parties, so far as the written part is concerned, viz.:

“Herring-Hall-Marvin Safe Oo.
“October 27, 1904.
“Mr. A. V. Smith, 38 Park Place, New York City—Dear Sir: We hereby agree to employ you, effective Monday, October 31st, at a weekly salary of $50 per week, the same to continue until January 1, 1905. Prom January 1, 1905, for a period of three years, we agree to employ you at a salary of $3,000 per annum. This letter constitutes a contract on our…

2Cases cited3 opinions

  1. Development Co. of America v. KingCourt of Appeals for the Second Circuit · 1908
  2. Perry v. BatesAppellate Division of the Supreme Court of the State of New York · 1906
  3. Rice v. HoganAppellate Terms of the Supreme Court of New York · 1904

3Cited by1 opinion

  1. Grossman Bros. & Rosenbaum v. Atlas Construction Co.Appellate Division of the Supreme Court of the State of New York · 1910

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