Weed v. . Burt
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas, in and for the city and county of New York, affirming a judgment in favor of defendant, entered upon the decision of the court on trial without a jury. The facts appear sufficiently in the opinion.
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Appeal from judgment of the General Term of the Court of Common Pleas, in and for the city and county of New York, affirming a judgment in favor of defendant, entered upon the decision of the court on trial without a jury. The facts appear sufficiently in the opinion. The court- erred m refusing to find that the first judgment estopped defendant from defending in this action, on the ground of a discharge in January, 1871. (Polk v. Daly, 4 Daly, 411; Moody v. Leverick, id., 401; Howard v. Daly, 61 N. Y., 362.) Plaintiff’s only remedy was an action for damages. (Moody v. Leverick, 4 Daly, 401;…
1Opinion of the CourtFolger, J.
This action is brought to recover wages alleged to be due to the plaintiff for his services for the defendant as book-keeper for him, for a term stated in the complaint, as agreed upon between them. The complaint alleged a hiring for a year, salary payable monthly.- It appears, however, that the plaintiff did ■ not render service for that term. So far from so doing, he was dismissed from the defendant’s employment, at a date earlier than the beginning of the time alleged in the complaint as that for which the wages are alleged to be due ; and for a part of that time he served other folks, and…
2Cases cited1 opinion
- Howard v. . DalyNew York Court of Appeals · 1875
3Cited by12 opinions
- Winkler v. Racine Wagon & Carriage Co.Wisconsin Supreme Court · 1898
- Solomon v. . ValletteNew York Court of Appeals · 1897
- Elliott v. MillerNew York Court of Common Pleas · 1892
- Quick v. SwingOregon Supreme Court · 1909
- Brand v. Ogden-Howard Co.Superior Court of Delaware · 1920
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