O'Leary v. . Board of Education of City of N.Y.
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, entered upon an order made January 5, 1880, which affirmed a judgment in favor of defendant, entered upon the report of a referee. (Reported below, 9 Daly, 161.) The nature of the action and the material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, entered upon an order made January 5, 1880, which affirmed a judgment in favor of defendant, entered upon the report of a referee. (Reported below, 9 Daly, 161.) The nature of the action and the material facts are stated in the opinion. The defendant is estopped from denying or claiming that the plaintiff, in view of the facts, was not in their employ, because they excused him, and for good cause, from the performance of duties, and duly audited und allowed his salary for the…
1Opinion of the CourtMiller, J.
The plaintiff claims to recover for his salary as a clerk in the employment of the board of education, from the 1st of May, 1871, to the 26th of September, 1871, when the finance committee, by a resolution, directed that he be removed, and that his removal take effect from the 1st of May, previous. The plaintiff was appointed to his position in 1869 and rendered services until November, 1870, when he made application, stating that he was about having an operation for cataract performed, and asking for leave of absence until his sight should be restored. Upon the letter asking for leave, and…
2Cases cited2 opinions
- Curnen v. . the MayorNew York Court of Appeals · 1880
- People Ex Rel. Burnet v. JacksonNew York Court of Appeals · 1881
3Cited by18 opinions
- Gunnison v. . Bd. of EducationNew York Court of Appeals · 1903
- Seward v. FiskenWashington Supreme Court · 1922
- Seaman v. Big Horn Canal Ass'nWyoming Supreme Court · 1923
- Bookhout v. LevittNew York Court of Appeals · 1978
- Jackson v. WildeCalifornia Court of Appeal · 1921
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