Galvin v. . Prentice
New York Court of Appeals
Appeal from the judgment of the General Term of the ■ Supreme Court of the second district, affirming a judgment ¡of the City Court of Brooklyn for the plaintiff. The action was by an amendment of the complaint, permitted by the court, changed from one on special contract to one on quantum meruit for the balance due for plaintiff’s service for two years.
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Appeal from the judgment of the General Term of the ■ Supreme Court of the second district, affirming a judgment ¡of the City Court of Brooklyn for the plaintiff. The action was by an amendment of the complaint, permitted by the court, changed from one on special contract to one on quantum meruit for the balance due for plaintiff’s service for two years. It appeared that the plaintiff was verbally hired by the defendant, in May, 1866, to work in the latter’s hat factory for the term of three years, upon the following terms: He was to have five dollars a week until he had learned to finish…
1Opinion of the CourtRapaxlo, J.
That part of the charge of the- judge; in which he instructed the jury, that the contract, although void, might be considered prima facie evidence of the value of the services, was, under the circumstances of this'case, erroneous; and the exception thereto, was well taken.
The contract price of the services, was "fixed with reference to a continuous service of three years. It appeared, upon the plaintiff’s own showing, that the contract was that he should work for three years, and be paid the portion of bis wages, now in question, only in case he served three years, or was discharged for want…
2Cases cited8 opinions
- Smith v. . BradyNew York Court of Appeals · 1858
- Wolfe v. . HowesNew York Court of Appeals · 1859
- Abbott v. DraperNew York Supreme Court · 1847
- Jackson ex dem. Cook v. ShepardNew York Supreme Court · 1827
- Jennings v. CampNew York Supreme Court · 1816
3 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Elsfelder v. CournandAppellate Division of the Supreme Court of the State of New York · 1945
- 300 West End Avenue Corp. v. WarnerNew York Court of Appeals · 1929
- Raycraft v. JohnstonCourt of Appeals of Texas · 1906
- La Du-King Manufacturing Co. v. La DuSupreme Court of Minnesota · 1887
- Johnson v. FehsefeldtSupreme Court of Minnesota · 1908
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