Turner v. . Kouwenhoven
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made February 13, 1883, which affirmed a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 29 Hun, 232.) The nature of the action and the material facts are stated in the opinion. The contract of service sued upon is an entire contract.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made February 13, 1883, which affirmed a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 29 Hun, 232.) The nature of the action and the material facts are stated in the opinion. The contract of service sued upon is an entire contract. (Wood on Mast, and Serv. 167, § 84; id. 201, § 103 ; McMillan v. Vanderlip, 12 Johns. 165 ; Reap v. Moor, 19 id. 337 ; Jenkins v. Wheeler, 3 Keyes, 652 ; Cutler v. Powell, 6 Term R. 320; 2 Smith’s Lead. Cas. 12 ; Webb…
1Opinion of the CourtMiller, J.
This action was brought by the plaintiff, who was a farm servant, to recover, under a contract for one year with the defendant, for farm work, and carrying produce to market at the stipulated price agreed upon of $20 per month, and in addition $1 per load for carrying and marketing such produce. There was no dispute as to the contract, hut there was a controversy as to the number of loads; this, however, was arranged in submitting the case to the jury, it being admitted that the number of loads should be as stated by the defendant. It was also agreed that $10 had been, advanced upon wages…
2Cases cited1 opinion
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