Tyng v. Theological Seminary of the Protestant Episcopal Church in the Diocese of Ohio
The Superior Court of New York City
The complaint alleges in substance that defendant engaged the services of plaintiff as a professor in its seminary, and employed him as such for one year from July 1, 1873, to July 1, 1874, and agreed to pay him for his services at the rate of $1,300 per annum, and the occupation of a certain house; that he entered on his employment and performed the duties thereof until July 10, 1873, when he was discharged ; the defendant, during the whole of the period from July 10, 1873,…
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The complaint alleges in substance that defendant engaged the services of plaintiff as a professor in its seminary, and employed him as such for one year from July 1, 1873, to July 1, 1874, and agreed to pay him for his services at the rate of $1,300 per annum, and the occupation of a certain house; that he entered on his employment and performed the duties thereof until July 10, 1873, when he was discharged ; the defendant, during the whole of the period from July 10, 1873, to July 1, 1874, refusing to allow him to perform the duties of his employment or to pay him therefor, to his damage of…
1Opinion of the Court
“Sedgwick, J.
These facts were proved. The
defendants’ minutes have the following memorandum, viz. : March 8, 1870, ‘Bishop Mcllvaine nominates Rev. Morris A. Tyng to the Griswold professorship, which was unanimously confirmed on the motion of Dr. Burr.’
“ There was a yearly salary paid at irregular times. There is no evidence as to the rate of compensation or the times when it was to be paid, sufficient to show the intention of the parties, in respect of the intended duration of the employment.
“ Certain officers cf the defendant, who notified the plaintiff of his appointment, said to him, when…
2Cases cited14 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- White v. . HoytNew York Court of Appeals · 1878
- Laughran v. . SmithNew York Court of Appeals · 1878
- Taylor v. BrydenNew York Supreme Court · 1811
- Witbeck v. . HollandNew York Court of Appeals · 1871
9 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Ver Steeg v. Becker-Moore Paint Co.Missouri Court of Appeals · 1904