Parry v. American Opera Co.
City of New York Municipal Court
Appeal from a judgment entered upon a verdict for the plaintiff directed by the court at the trial. William Parry sued the American Opera Company, Limited, for damages for breach of a contract, alleging that the defendant engaged him to act as its assistant stage-director during the operatic season of 1886-7, for twenty-five or more weeks, beginning in October, 1886; that on December 11th he was discharged, after eight weeks of service, and suffered damage including the loss…
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Appeal from a judgment entered upon a verdict for the plaintiff directed by the court at the trial. William Parry sued the American Opera Company, Limited, for damages for breach of a contract, alleging that the defendant engaged him to act as its assistant stage-director during the operatic season of 1886-7, for twenty-five or more weeks, beginning in October, 1886; that on December 11th he was discharged, after eight weeks of service, and suffered damage including the loss of salary, for the remaining seventeen weeks. The complaint admitted that since his discharge plaintiff had recovered…
1Opinion of the Court
McAdam, Ch. J.
Services were actually rendered under the contract of employment until December 11, 1886, to which time salary was paid. The plaintiff was on that day discharged, by means of which he was prevented from' rendering any further services under his contract.
The plaintiff’s appropriate remedy under snch circumstances was an action for wrongful discharge, founded on the breach by the defendant (Moody v. Leverich, 4 Daly, 401,408; Howard v. Daly, 61 N. Y. 362; S. C., 19 Am. R. 285), in which form of action he is entitled to recover “ for the loss or injury occasioned ” up to the time…
2Cases cited11 opinions
- Howard v. . DalyNew York Court of Appeals · 1875
- Turner v. . KouwenhovenNew York Court of Appeals · 1885
- Everson v. . PowersNew York Court of Appeals · 1882
- Moody v. LeverichNew York Court of Common Pleas · 1873
- Miller v. GoddardSupreme Judicial Court of Maine · 1852
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Watson v. . RussellNew York Court of Appeals · 1896
- Derry v. Board of EducationMichigan Supreme Court · 1894
- Fisher v. MonroeNew York Court of Common Pleas · 1893
- Menges v. Milton Piano Co.Missouri Court of Appeals · 1902
- Dallas v. MurryCity of New York Municipal Court · 1902
2 more not listed; retrieve them via the Exa API.