Huntington v. Ogdensburgh & Lake Champlain Railroad
New York Supreme Court
This action was commenced in a justice’s court in Clinton county, in which there was a judgment for the plaintiff, from which there was an appeal to the county court of Clinton county. Another judgment was obtained in the county court, for $99.99, besides costs; from which an appeal is taken to this court.
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This action was commenced in a justice’s court in Clinton county, in which there was a judgment for the plaintiff, from which there was an appeal to the county court of Clinton county. Another judgment was obtained in the county court, for $99.99, besides costs; from which an appeal is taken to this court. The plaintiff brought the action to recover for his wages for one month’s services for defendants for the month of June, 1866, under an agreement to serve the defendants at Champlain, Clinton county, as station agent of their railroad business at that point, at $100 per month, from March 1,…
1Opinion of the Court
By the court, Potter, J.
The plaintiff was sworn on the trial, and proved his contract with the defendants, and their breach of it by dismissing him from their employ. This made out his case. On his cross-examination this question was put to him: “ What were your labor and services worth *418during the month of June, while you was employed in the brick yard ?”
This was objected to as immaterial and irrelevant; that the value of the services cannot be deducted from the wages due to the plaintiff, only such amount as has been received or paid to the plaintiff, or as is due him as cash for such…
2Cases cited2 opinions
- Costigan v. Mohawk & Hudson Rail-RoadNew York Supreme Court · 1846
- Shannon v. ComstockNew York Supreme Court · 1839
3Cited by10 opinions
- Howard v. . DalyNew York Court of Appeals · 1875
- Kramer v. Wolf Cigar Stores Co.Texas Supreme Court · 1906
- Moody v. LeverichNew York Court of Common Pleas · 1873
- Stewart Dry Goods Co. v. HutchisonCourt of Appeals of Kentucky · 1917
- Gates v. School DistrictSupreme Court of Arkansas · 1893
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