Thelberg v. National Starch Manufacturing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Hational Starch Manufacturing Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 29th day of May, 1895, upon the verdict of a jury rendered after a trial at the Hew York Circuit, and also from an order entered in said clerk’s, office on' -the 8th day of June, 1895, •denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, The Hational Starch Manufacturing Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 29th day of May, 1895, upon the verdict of a jury rendered after a trial at the Hew York Circuit, and also from an order entered in said clerk’s, office on' -the 8th day of June, 1895, •denying the defendant’s motion for a new trial made upon the minutes. The complaint in this action alleged that, by a contract entered . into on the 1st day of April, 1889, as supplemented by one executed July 9,…
1Opinion of the Court
Ingraham, J.:
Before discussing the main question argued on this appeal, namely, that of the application of the Statute of Frauds, it will be well to notice the claim by the defendant that the plaintiff failed to prove any contract on the part of the defendant to employ him for a term of years ending April 1,. 1894. Though it appears from a provision, of the contract that should the said company at any time for any reason discontinue its business, said company might at its option Rave declared the agreement void, it is clear, as a matter of fact *175that the Glen Cove Manufacturing Company did not…
2Cases cited1 opinion
- Crane v. . PowellNew York Court of Appeals · 1893
3Cited by1 opinion
- Lupean v. BrainardAppellate Division of the Supreme Court of the State of New York · 1897