Drake v. . Seaman
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the second judicial department, made May 8, 1882, reversing a judgment in favor of plaintiff, entered upon the report of a referee. (Reported below, 27 Hun, 63.) This action was brought mainly to recover damages for an alleged breach of a contract of employment.
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Appeal from order of the General Term of the Supreme Court, in the second judicial department, made May 8, 1882, reversing a judgment in favor of plaintiff, entered upon the report of a referee. (Reported below, 27 Hun, 63.) This action was brought mainly to recover damages for an alleged breach of a contract of employment. Defendants were manufacturers of millc-cans, doing business-under the name of “ Iron-Clad Can Co.” In January, 1875, the parties entered into negotiations, which resulted in an oral agreement that plaintiff would enter into defendants’ employ as a salesman, and serve in…
1Opinion of the CourtFinch, J.
The court below has defeated the plaintiff upon the ground that his cause of action rested upon a contract which, by its terms, was not to be performed within one year, and which was rendered void by the statute of frauds for the want of a sufficient note or memorandum. That determination is challenged upon this appeal; and it is contended on behalf of the appellant that the memorandum was sufficient, for the double reason, that no integral or material part of the agreement was omitted, but if it was, the omission was only .of the consideration, which, under the statute, no longer needs to be…
2Cases cited8 opinions
- Evansville National Bank v. KaufmannNew York Court of Appeals · 1883
- Rogers v. KneelandNew York Supreme Court · 1833
- Mason v. . DeckerNew York Court of Appeals · 1878
- Stone v. . BrowningNew York Court of Appeals · 1877
- Sears v. BrinkNew York Supreme Court · 1808
3 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- United Press v. . New York Press Co.New York Court of Appeals · 1900
- Martocci v. Greater New York Brewery, Inc.New York Court of Appeals · 1950
- Simpson v. GreenTexas Commission of Appeals · 1921
- Ginsberg MacHine Co., Inc. v. J. & H. Label Processing Corp.Court of Appeals for the Second Circuit · 1965
- Brauer v. . Oceanic Steam Navigation Co.New York Court of Appeals · 1904
37 more not listed; retrieve them via the Exa API.