Legal Opinion

Spink v. Bodensick

Appellate Terms of the Supreme Court of New York

Decided June 17, 1913Published

Appeal from City Court of New York, Trial Term. Action by Maud Deacon Spink against Jennie M. Bodensick. From a judgment in favor of plaintiff, defendant appeals. Reversed, and new trial ordered.

1Opinion of the CourtBijur, J.

Plaintiff has recovered a verdict for breach of a contract of employment. Plaintiff’s claim was that she was employed on September 11, 1911, at $60 a week, and discharged without cause after the lapse of about one-third of the term. Defendant’s claim is that the employment was only weekly, and that not a word was mentioned about any contract for a year. Thus the issue was sharply defined.

*322During the course of her testimony, the plaintiff, ■ speaking of the time of her discharge, said that she went home and wrote defendant a personal letter, which her counsel offered in evidence, but which was…

2Cases cited1 opinion

  1. Droste v. Wabash RailroadAppellate Division of the Supreme Court of the State of New York · 1912

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