Marshall v. Sackett & Wilhelms Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Sackett & Wilhelms Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 4th day of March, 1916, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 3d day of March, 1916, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Jenks, P. J.:
Marshall, now represented by the plaintiff, was a servant who sued his master for damages for an unlawful discharge. I think that an error in an instruction to the jury is fatal to the judgment that was entered upon the verdict for the plaintiff. The master pleaded inter .alia a breach of the obligation implied in the relation of master and servant which I may term loyalty. The obligation rests upon the rule that he who undertakes to act for another shall not in the same matter act for himself. The rule is familiar and has received frequent application. (Gardner v. Ogden, 22 N.…
2Cases cited2 opinions
- Gardner v. . OgdenNew York Court of Appeals · 1860
- Robert Reis & Co. v. VolckAppellate Division of the Supreme Court of the State of New York · 1912
3Cited by4 opinions
- Alexander & Alexander of New York, Inc. v. FritzenAppellate Division of the Supreme Court of the State of New York · 1989
- Bankers Trust Co. v. BernsteinAppellate Division of the Supreme Court of the State of New York · 1991
- Girardi v. IrvingAppellate Division of the Supreme Court of the State of New York · 1919
- Slater v. Detroit Graphite Co.Appellate Terms of the Supreme Court of New York · 1925