Costigan v. Mohawk & Hudson Rail-Road
New York Supreme Court
Motion on the part of the plaintiff to set aside the report of a sole referee. The action was assumpsit on a contract by which the defendants agreed to employ the plaintiff to serve them as superintendent of their rail-road. The case proved was as follows: the defendants employed the plaintiff to superintend their railroad for one year, from May 1st, 1843—at a salary of $1500 for the year, together with the use of a dwelling house worth $150 per annum.
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Motion on the part of the plaintiff to set aside the report of a sole referee. The action was assumpsit on a contract by which the defendants agreed to employ the plaintiff to serve them as superintendent of their rail-road. The case proved was as follows: the defendants employed the plaintiff to superintend their railroad for one year, from May 1st, 1843—at a salary of $1500 for the year, together with the use of a dwelling house worth $150 per annum. He commenced the service and continued in the employment until July 1st of that year, when he was dismissed, by them without cause. Upon this…
1Opinion of the Court
By the Court, Beardsley, J.
As a general principle, nothing is better settled than that upon these facts the plaintiff is entitled to recover full pay for the entire year1. He was ready during the whole time to perform his agreement, and was in no respect in fault. The contract was in full force in favor of the plaintiff although it had been broken by the defendants. In general, in such cases, the plaintiff has a right to full pay. The .rule has been applied to contracts for the hire of clerks, agents and laborers, for a year or a shorter time, as also to the hire of domestic servants, where…
2Cases cited4 opinions
- Clark v. MarsigliaCourt for the Trial of Impeachments and Correction of Errors · 1845
- Shannon v. ComstockNew York Supreme Court · 1839
- Hoyt v. WildfireNew York Supreme Court · 1808
- Taylor v. ReadNew York Court of Chancery · 1834
3Cited by89 opinions
- Howard v. . DalyNew York Court of Appeals · 1875
- Taylor v. . BradleyNew York Court of Appeals · 1868
- Hamilton v. . McPhersonNew York Court of Appeals · 1863
- Ryan v. . New York Central RailroadNew York Court of Appeals · 1866
- Leonard v. New York, Albany & Buffalo Electro Magnetic Telegraph Co.New York Court of Appeals · 1870
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