Singer v. M'Cormick
Supreme Court of Pennsylvania
ERROR to the District Court of Allegheny county. This was an action on the case for money had and received by Pollard M’Cormick and Alexander Brackenridge, trading in the name of M’Corraick & Co., against Samuel Singer.
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ERROR to the District Court of Allegheny county. This was an action on the case for money had and received by Pollard M’Cormick and Alexander Brackenridge, trading in the name of M’Corraick & Co., against Samuel Singer. On the trial it appeared that the defendant had been a clerk or book-keeper in the employment of the plaintiffs (who were manufacturers and venders of cotton goods) for several years, at a stipulated salary of $1000 per annum; that he was discharged abruptly, and without notice, about the middle of the year, and that at the time of his discharge he had received the sum of…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
— Assuming that the effect of the agreement was to create a hiring for a year, has there been such misconduct on the part of the servant as will justify the master in dismissing him from his service before the termination of the contract ? Faithful service is a condition precedent to the right of wages, and where there is any misconduct inconsistent with the relation of master *267and servant, the former has an undoubted right, at any time, to put an end to the contract. Libhart v. Wood, (1 Watts & Serg. 266). But if the dismissal be unjust, and…
2Cited by7 opinions
- Peniston v. John Y. Huber Co.Supreme Court of Pennsylvania · 1900
- Linderman v. McKennaSuperior Court of Pennsylvania · 1902
- Dieringer v. MeyerWisconsin Supreme Court · 1877
- Bixby v. ParsonsSupreme Court of Connecticut · 1882
- Matthews v. Park Bros., Pennsylvania Court of Common Pleas, Alleghany County1892
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