Legal Opinion

Smith v. . Robson

New York Court of Appeals

Decided January 21, 1896PublishedCited by 19 opinions

Appeal from order of the General Term of the Court of Common Pleas for the city and county of New York, made January 5, 1894, which reversed a judgment and order of the General Term of the City Court of New York affirming a judgment in favor of plaintiff entered upon a verdict and denying a motion for a new trial, and granted a new trial.

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Appeal from order of the General Term of the Court of Common Pleas for the city and county of New York, made January 5, 1894, which reversed a judgment and order of the General Term of the City Court of New York affirming a judgment in favor of plaintiff entered upon a verdict and denying a motion for a new trial, and granted a new trial. This action was brought to recover damages for the alleged wrongful discharge of the plaintiff from the defendant’s employment under a contract in writing between the parties. The facts, so far as material, are stated in the opinion. The Court of Common…

1Opinion of the Court

Andrews, Ch. J.

The only material question presented by this record arises upon the construction of that clause in the written contract of employment which relates to its annulment by the defendant.

The plaintiff was an actor and the defendant was a theatrical manager. The contract is dated July 13, 1891, and the plaintiff thereby agreed to enter the defendant’s employment as an actor, and the defendant agreed to employ him as such during the season of about thirty weeks, commencing on or about September 1, 1891, at a weekly compensation of $55. The plaintiff was to act in all characters…

2Cases cited2 opinions

  1. Duplex Safety Boiler Co. v. . GardenNew York Court of Appeals · 1886
  2. Grinnell v. KiralfyNew York Supreme Court · 1890

3Cited by19 opinions

  1. Crawford v. . Mail Express Publishing Co.New York Court of Appeals · 1900
  2. Abele v. A. L. Dougherty Overseas, Inc.District Court, N.D. Indiana · 1961
  3. American Music Stores v. KusselCourt of Appeals for the Sixth Circuit · 1916
  4. Briscoe v. LittAppellate Terms of the Supreme Court of New York · 1896
  5. Noa Spears Co. v. InbauCourt of Appeals of Texas · 1916

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