Prior v. Flagler
New York Court of Common Pleas
Appeal from city court, general term. Action by'Frederick W. Prior against Henry M. Flagler to recover on an alleged oral contract to pay plaintiff’s stipulated salary as an employé of defendant in consideration of plaintiff’s resignation. From a judgment of the city court (31 N. Y. Supp. 193) affirming a judgment dismissing the complaint for failure of proof, plaintiff appeals.
1Opinion of the CourtBischoff, J.
The judgment directing the dismissal of the complaint was rightfully rendered, and should be affirmed. The plaintiff was employed by the defendant as chef in the kitchen of. the Hotel Alcazar, at St. Augustine, Fla, for the season of 1892-93, at an aggregate salary of $750. A little more than three weeks after his employment began, the plaintiff met with a mishap, through whose fault does not appear, from which he sustained personal injury which- disabled him from further service during the term. While at the hospital, he testified, one Tomlinson, another of the defendant’s employés,…
2Cases cited11 opinions
- Tenney v. . BergerNew York Court of Appeals · 1883
- Appleby v. . Erie County Savings BankNew York Court of Appeals · 1875
- Phillip v. . GallantNew York Court of Appeals · 1875
- Carman v. . PultzNew York Court of Appeals · 1860
- Story v. Williamsburgh Masonic Mutual Benefit Ass'nNew York Court of Appeals · 1884
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3Cited by2 opinions
- American Natl. Insurance Co. v. JacksonCourt of Appeals of Tennessee · 1930
- Livingston v. SperoAppellate Terms of the Supreme Court of New York · 1896