Lesser v. Gilbert Manufacturing Co.
Appellate Division of the Supreme Court of the State of New York
■ Appeal by the defendant, the Gilbert Manufacturing Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 24th day of February, 1902, denying the defendant’s motion for leave to serve an amended answer.
1Opinion of the Court
Hatch, J.:
By this action the defendant seeks to recover damages for the breach of a contract of employment in the sum of $4,925. The *148complaint avers the material provisions of the contract, due performance thereof by the plaintiff and the breach .of the same by the defendant in discharging- the plaintiff without any just cause therefor.
The answer admitted the contract, the discharge of the plaintiff and denied due performance by the plaintiff of his contract. There was no averment of new matter in justification of the discharge contained in the answer. Upon the trial evidence tending to show…
2Cases cited1 opinion
- Abbott v. MeinkenAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by1 opinion
- Miller v. CarpenterAppellate Division of the Supreme Court of the State of New York · 1903