Alba v. D. Moriarty & Co.

The opinion of the Court was delivered by

Todd, J.

The plaintiff sues the defendant, David Moriarty, doing business in New Orleans as a wholesale grocer under the name of D. Moriarty & Co., for a year’s salary as traveling salesman, alleging that he had been employed for one year but had been discharged by the defendant before its termination, without cause.

The defendant’s answer contains first the general issue, and then further avers, substantially, that the plaintiff had been employed on November 15, 1880, for one year, by Moriarty & Craft, to whose business he (defendant) succeeded. That…