Levison v. Stix
New York Court of Common Pleas
Appeal from a judgment of the district court in the city of New York for the seventh judicial district. The action was brought to recover damages sustained by an alleged wrongful dismissal fiom employment of a clerk.
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Appeal from a judgment of the district court in the city of New York for the seventh judicial district. The action was brought to recover damages sustained by an alleged wrongful dismissal fiom employment of a clerk. The evidence showed that on the 31st of December, 1879, the plaintiff was orally engaged to serve for one year, which year should terminate on the 31st of December, 1880. It was claimed upon the part of the defendants, that the agreement was void, because it was within the Statute of Frauds, and no memorandum thereof in writing was ever signed by the parties sought to be charged…
1Per curiam
In support of the position claimed upon the part of the respondent, is cited the cases of Marvin v. Marvin (75 N. Y. 242); Kent v. Kent (62 N. Y. 560); Smith v. Conlin (19 Hun, 236), and certain other cases, holding that, where an act is not to be done until a certain length of time has elapsed, the day upon which the time is set running is to be excluded in the computation of time.
The case of Marvin v. Marvin simply decides that where an act is to be done after the expiration of four days *230from the filing of a decision, the day of the filing of the decision must be excluded, because four full…
2Cases cited3 opinions
- Kent v. . KentNew York Court of Appeals · 1875
- Marvin v. . MarvinNew York Court of Appeals · 1878
- Dickson & Co. v. FrisbeeSupreme Court of Alabama · 1875
3Cited by4 opinions
- Berrien v. SouthackCity of New York Municipal Court · 1889
- Jonap v. P'regerAppellate Terms of the Supreme Court of New York · 1908
- Billington v. CahillNew York Supreme Court · 1889
- Prokop v. Bedford Waist & Dress Co.Appellate Terms of the Supreme Court of New York · 1919