Campbell v. Jimenes
New York Court of Common Pleas
Appeal from city court, general term. Action by Bernard J. Campbell against Juan Y. Jimenes and others to recover damages for breach of a contract of employment. Plaintiff had judgment on the verdict of a jury at the trial term of the New York city court, which was affirmed at general term, (23 N. Y. Supp. 312,) and defendants appeal.
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Appeal from city court, general term. Action by Bernard J. Campbell against Juan Y. Jimenes and others to recover damages for breach of a contract of employment. Plaintiff had judgment on the verdict of a jury at the trial term of the New York city court, which was affirmed at general term, (23 N. Y. Supp. 312,) and defendants appeal. The contract is as follows: “I, Bernard Campbell, chief engineer, hereby agree to render myself to the orders of Captain Compton for service on steamer he may assign, and for service in the West Indies, not to extend six months, receiving wages at the rate of…
1Opinion of the CourtPryor, J.
The judgment recovered by the plaintiff represents damages from the breach of a contract for a six-months employment. If in fact he was hired for a shorter term, the judgment is necessarily erroneous; or, were the contract for no definite duration of service, either party might terminate it, certainly at the end of any month, (De Briar v. Minturn, 1 Cal. 450; Howard v. Railway Co., [Ala.] 8 South. Rep. 868; Clark v. Ryan, [Ala.] 11 South. Rep. 22; Ward v. Ruckman, 34 Barb. 419;) and, when the hiring is for a period “not exceeding” a named term, its duration is indefinite, (Harper v. Hassard,…
2Cases cited12 opinions
- Thorington v. SmithSupreme Court of the United States · 1869
- Tatterson v. Suffolk Manufacturing Co.Massachusetts Supreme Judicial Court · 1870
- First National Bank v. . DanaNew York Court of Appeals · 1879
- Brady v. . CassidyNew York Court of Appeals · 1887
- Glacius v. . BlackNew York Court of Appeals · 1876
7 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Greenburg v. EarlyNew York Court of Common Pleas · 1893
- Campbell v. JimenesNew York Court of Common Pleas · 1894
- Austin v. SouthworthNew York Court of Common Pleas · 1895
- Henry v. AgostiniNew York Court of Common Pleas · 1895
- Zender v. Seliger Toothill Co.City of New York Municipal Court · 1896
2 more not listed; retrieve them via the Exa API.