Brightson v. H. B. Claflin Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 17, 1903, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying.a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 17, 1903, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying.a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. If plaintiff’s testimony as to his contract of employment established a new contract for five years the trial court erred in denying the defendant’s motion to dismiss the complaint on the ground that the contract proved was invalid under the Statute of Frauds. (Reed v.…
1Opinion of the CourtO’Brien, J.
The plaintiff brought this action to recover $50,000 damages for breach of a contract of hiring, by which contract the relation of master and servant was established between the parties. The defendant is a business corporation, with its principal place of business in the city of Hew York. Its business was conducted on so large a scale that it was divided into a great many departments, with a person at the head of each having general charge and supervision of it. It is alleged that the plaintiff was employed at the head of what was known as the “ notion department,” which had its own staff of…
2Cases cited3 opinions
- Southwick v. First National Bank of MemphisNew York Court of Appeals · 1881
- Adams v. . FitzpatrickNew York Court of Appeals · 1891
- Lavens v. LiebAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by31 opinions
- Sinclair Refining Co. v. Jenkins Petroleum Process Co.Supreme Court of the United States · 1933
- Walrath v. . Hanover Fire Ins. Co.New York Court of Appeals · 1915
- Thraves v. GreenleesSupreme Court of Oklahoma · 1914
- American Mills Co. v. HoffmanCourt of Appeals for the Second Circuit · 1921
- Cinefot International Corp. v. Hudson Photographic Industries, Inc.New York Court of Appeals · 1963
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