Carney v. New York Life Insurance
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 21, 1897, affirming a judgment in favor of defendant entered upon a dismissal of the complaint upon the opening of plaintiff’s counsel by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 21, 1897, affirming a judgment in favor of defendant entered upon a dismissal of the complaint upon the opening of plaintiff’s counsel by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. If from the by-law or any circumstance shown there was conferred a power to employ, then in making the contract in question the president and actuary were within their authority. (Wallis v. Day, 2 M. & W. 273 ; Cook on Corp. 708,…
1Opinion of the CourtHaight, J.
The action was brought to recover damages ¡for a breach of contract of employment.
The plaintiff's counsel, in his opening, repeated the allegations of his complaint, which were in substance, that in ■ December, 1869, the president and actuary of the defendant ■entered into an oral contract with the plaintiff, by the terms iof which he was to enter the employment of the defendant in a medical capacity and that such employment should continue during his life; that for the first year his salary should be $5,000, the second year $5,500 and the third year $6,000, and that it was to remain at that…
2Cases cited5 opinions
- Wright v. . Bank of the MetropolisNew York Court of Appeals · 1888
- Colt v. . OwensNew York Court of Appeals · 1882
- Beers v. New York Life InsuranceNew York Supreme Court · 1892
- Sullivan v. New York & Rosendale Cement Co.New York Court of Appeals · 1890
- Mead v. . ParkerNew York Court of Appeals · 1888
3Cited by58 opinions
- Alabama Mills, Inc. v. SmithSupreme Court of Alabama · 1939
- Heaman v. E. N. Rowell Co.New York Court of Appeals · 1933
- Bernard J. Lee, Platiff-Appellant v. Jenkins Brothers, Bernard J. Lee v. Farnham YardleyCourt of Appeals for the Second Circuit · 1959
- Lewis v. Minnesota Mutual Life InsuranceSupreme Court of Iowa · 1949
- Chesapeake & Potomac Telephone Co. v. MurrayCourt of Appeals of Maryland · 1951
53 more not listed; retrieve them via the Exa API.