Caldwell v. Caldwell Co.
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Trial term. Action by Henry L. Caldwell, Jr., against the Caldwell Company. From a City Court judgment in favor of plaintiff, and from an order - denying defendant’s motion for a new trial, it appeals. Reversed.
1Per curiam
Before the rule contended for by the plaintiff, namely, that where one enters into the employ of another under a contract for a year’s service, and continues in the employment after the expiration of the year, the presumption, in the absence of evidence to the contrary, is that the parties agreed to a continuance for another year at the same salary, can have any application, it must appear that in fact there was a prior contract for a whole year’s service, and that services were rendered thereunder for at least one year. In the case at bar there was no such prior contract, and the plaintiff…
2Cited by4 opinions
- White v. United States Gypsum Co.Michigan Supreme Court · 1911
- Wood v. MillerAppellate Terms of the Supreme Court of New York · 1912
- Barnes v. Summit Silk Manufacturing Co.Appellate Terms of the Supreme Court of New York · 1909
- Moskowitz v. MawhinneyAppellate Terms of the Supreme Court of New York · 1912