Legal Opinion

Crown v. H. M. Goldstein Co.

Appellate Division of the Supreme Court of the State of New York

Decided November 9, 1917PublishedCited by 1 opinion

Appeal by the defendant, H. M. Goldstein Co., Inc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 9th day of December, 1916, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 22d day of December, 1916, denying the defendant’s motion for a new trial made upon the minutes.

1Per curiam

The plaintiff was hired by defendant for a period of a year at a fixed salary. In less than three months he was discharged. The issue of fact in the case was whether or not the discharge was justified by the plaintiff’s conduct. On this question the evidence was very conflicting with a preponderance, as we consider, in favor of defendant. It was, however, in the last analysis, a question for the jury, and we should not be disposed to interfere with the verdict merely upon the weight of the evidence if, in our opinion, the question had been fairly presented. As is usual in such cases the…

2Cited by1 opinion

  1. Crown v. H. M. Goldstein Co.Appellate Division of the Supreme Court of the State of New York · 1919

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