Everson v. . Powers
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, entered upon an order made January 3, 1881, which affirmed a judgment of the General Term of the Marine Court of the city of New York, affirming a judgment in favor of plaintiff entered upon a verdict. This action was brought to recover damages for the breach of a contract of employment.
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Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, entered upon an order made January 3, 1881, which affirmed a judgment of the General Term of the Marine Court of the city of New York, affirming a judgment in favor of plaintiff entered upon a verdict. This action was brought to recover damages for the breach of a contract of employment. Plaintiff’s complaint alleges that on the 1st day of January, 1878, the defendants entered into an agreement with him by which it was agreed that he should work for the defendants for the term of…
1Opinion of the CourtTract, J.
The only question presented upon this appeal relates to the rule of damages to be applied in an action for a breach of a contract of employment where the servant has entered upon the performance of a contract, has been discharged, and brings his action before the expiration of the term, but the trial does not occur until afterward.
The case does not contain the evidence taken upon the trial, and the question is presented by an exception to the charge of the judge.
The judge charged that, if the plaintiff was entitled to recover, he was entitled to “the difference as between what the contract…
2Cases cited1 opinion
- WILCOX v. the Executors of PlummerSupreme Court of the United States · 1830
3Cited by29 opinions
- Van Winkle v. SatterfieldSupreme Court of Arkansas · 1894
- Wilkinson v. BlackSupreme Court of Alabama · 1885
- Roberts v. CrowleySupreme Court of Georgia · 1888
- Paige v. BarrettMassachusetts Supreme Judicial Court · 1890
- Bassett v. FrenchNew York Court of Common Pleas · 1895
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