Jerome v. . Queen City Cycle Co.
New York Court of Appeals
Appeal irom a judgment of the Appellate Division of the Supreme Court in the fourth j'udicial department, entered December 24, 1897, affirming a j'udgment in favor of plaintiff entered upon a verdict. This action was brought to recover damages for an alleged wrongful discharge of the plaintiff, who had been employed by the. defendant for the period of one year to act as superin tendent of its bicycle factory at Lake View, about twenty-miles from Buffalo.
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Appeal irom a judgment of the Appellate Division of the Supreme Court in the fourth j'udicial department, entered December 24, 1897, affirming a j'udgment in favor of plaintiff entered upon a verdict. This action was brought to recover damages for an alleged wrongful discharge of the plaintiff, who had been employed by the. defendant for the period of one year to act as superin tendent of its bicycle factory at Lake View, about twenty-miles from Buffalo. The defendant admitted that it dis charged the plaintiff before the expiration of the term agreed upon, but alleged that the discharge was…
1Opinion of the CourtYann, J.
The relation of master and servant, which existed between the parties, cast certain duties upon the plaintiff that he was bound to discharge, and the foremost was that of obedience to all reasonable orders of the defendant not inconsistent with the contract. Disobedience of such orders is a violation of law which justifies the rescission of the contract by the master and the discharge of the servant. (Edgecomb v. Buckhout, 146 N. Y. 332, 339; Lacy v. Getman, 119 N. Y. 109, 115; Forsyth v. McKinney, 56 Hun, 1; Harrington v. First Nat. Bk., 1 T. & C. 361; Tullis v. Hassell, 8 N. Y. S. R. 108;…
2Cases cited10 opinions
- Ostrom v. . GreeneNew York Court of Appeals · 1900
- Gannon v. . McGuireNew York Court of Appeals · 1899
- Lacy v. . GetmanNew York Court of Appeals · 1890
- Otten v. Manhattan Railway Co.New York Court of Appeals · 1896
- Gray v. . ShepardNew York Court of Appeals · 1895
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3Cited by38 opinions
- Matter of Heitz v. . RuppertNew York Court of Appeals · 1916
- May v. New York Motion Picture Corp.California Court of Appeal · 1920
- Pollak v. Danbury Manufacturing Co.Supreme Court of Connecticut · 1925
- Nagel v. KrausCourt of Appeals for the Second Circuit · 1921
- Von Heyne v. TompkinsSupreme Court of Minnesota · 1903
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