Kinsman v. Fisk
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Frank E. Kinsman, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 14th day of May, 1898, upon the verdict of a jury rendered by direction of the court upon the defendants’ motion.
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Appeal by the plaintiff, Frank E. Kinsman, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 14th day of May, 1898, upon the verdict of a jury rendered by direction of the court upon the defendants’ motion. The complaint alleges two causes of action : (1) To recover from the defendants, as guarantors, the salary due the plaintiff for services actually rendered by him as consulting engineer of the Kinsman Block System Company prior to the appointment of a receiver of the company and notice by such receiver that…
1Opinion of the Court
O’Brien, J.:
The single question presented on this appeal relates to the construction of the agreement made by the parties. The plaintiff insists that the agreement was not only that his salary should be paid while he rendered services to the corporation, but that he ■should be employed for two years and paid a salary of $5,000 per year during that period. The defendants claim that it was merely an understanding that they would obtain for the plaintiff his appointment as engineer, and would guarantee punctual payment to him of his salary during the period named, and that the conditions that he…
2Cases cited1 opinion
- Lorillard v. . ClydeNew York Court of Appeals · 1894
3Cited by2 opinions
- Columbus Trust Co. v. MoshierNew York Supreme Court · 1906
- Petroleum Freight Lines Corp. v. Better Gas & Oil Co.New York Supreme Court · 1935