Engel v. Schoolherr
New York Court of Common Pleas
Appeal from an order of this court' granting a motion for a new trial made on the minutes of the judge who presided at the trial. The action was for damages for wrongful discharge of' plaintiff, who was hired by defendants as foreman of the-cutting department of their business. The answer was a. general denial, except of defendants’ copartnership.
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Appeal from an order of this court' granting a motion for a new trial made on the minutes of the judge who presided at the trial. The action was for damages for wrongful discharge of' plaintiff, who was hired by defendants as foreman of the-cutting department of their business. The answer was a. general denial, except of defendants’ copartnership. On-the trial, defendants gave evidence to justify the discharge-of plaintiff on the ground that tie had received, from the tailors to whom he gave out work, money to influence his-conduct as foreman of defendants’ establishment. Plaintiff! denied…
1Opinion of the CourtJ. F. Daly, J.
[After stating the facts as above.]— Testimony was given by three of the' workmen, Morrison, Meyer and Katzenstein (expressman), that plaintiff demanded money for giving out the defendant’s work, but plaintiff denied the fact. The admitted receipt by him of the $20 from Waixelbaum on behalf of Friedman, another workman, although explained by him to be a voluntary (offering and not an extortion or exaction, leads to the conviction that the three witnesses who testified against his single oath, testified truly, and if the case presented only a .Question of fact which it was the province of the…
2Cases cited2 opinions
- Barrett v. . the Third Avenue R.R. Co.New York Court of Appeals · 1871
- Clark v. Mechanics' National BankNew York Court of Common Pleas · 1880
3Cited by5 opinions
- Pollock v. PollockNew York Court of Common Pleas · 1894
- Kummer v. Christopher & Tenth Street RailroadNew York Court of Common Pleas · 1893
- Parry v. American Opera Co.City of New York Municipal Court · 1887
- Yale v. DartNew York Court of Common Pleas · 1891
- Heusner v. Houston, West Street & Pavonia Ferry RailroadNew York Court of Common Pleas · 1894