Legal Opinion

Jackson v. New York Post-Graduate Medical School & Hospital

New York Court of Common Pleas

Decided December 4, 1893PublishedCited by 4 opinions

Appeal from city court, general term. Action by Louis A. Jackson against the Fiew York Post-Graduate Medical School and Hospital to recover damages for alleged wrongful discharge of plaintiff from defendant’s service. From a judgment (23 FT. Y. Supp. 119) affirming a judgment entered on a verdict for plaintiff, defendant appeals.

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Appeal from city court, general term. Action by Louis A. Jackson against the Fiew York Post-Graduate Medical School and Hospital to recover damages for alleged wrongful discharge of plaintiff from defendant’s service. From a judgment (23 FT. Y. Supp. 119) affirming a judgment entered on a verdict for plaintiff, defendant appeals. By contract, defendant, a domestic corporation, of which Dr. Roosa was president, employed plaintiff for five years as solicitor of advertisements in defendant’s publication the Annual Announcement Book. At the end of the first year defendant discharged plaintiff,…

1Opinion of the CourtPryor, J.

In answer to the action the defendant alleged a rightful discharge of the plaintiff, and whether the discharge were justified by his misconduct was the issue upon which, in fact and in law, the verdict was suspended. In terms, the court instructed the jury that, “unless you find that there was just and reasonable' cause for the defendant to rescind or cancel this contract by reason of the acts of the .plaintiff, the defendant is bound.” No exception was taken to this direction; and probably, by the weight of modern authority, where, as here, the imputed misconduct of the servant is not…

2Cases cited3 opinions

  1. Suttie v. AloeMissouri Court of Appeals · 1890
  2. Stover Manufacturing Co. v. LatzAppellate Court of Illinois · 1891
  3. Ellison v. JonesNew York Supreme Court · 1891

3Cited by4 opinions

  1. Pape v. LathropIndiana Court of Appeals · 1897
  2. Grey v. Triumph Film Corp.Appellate Division of the Supreme Court of the State of New York · 1917
  3. Ball v. Livonia Salt & Mining Co.New York Court of Common Pleas · 1894
  4. Charles E. Armstrong, Inc. v. SilvermanAppellate Division of the Supreme Court of the State of New York · 1925

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