Legal Opinion
Kahn v. Guggenheimer
Appellate Terms of the Supreme Court of New York
Decided February 5, 1909PublishedCited by 2 opinions
Appeal from City Court of New York, Trial Term. Action by Ernest D. Kahn against Charles M. Guggenheimer. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. Reversed, and new trial ordered.
1Opinion of the CourtSeabury, J.
This action was brought to recover damages for the alleged breach by the defendant of a contract of employment. The plaintiff claimed that the defendant employed him to act as resident buyer in New York City from February 1, 1907, to December 31, 1907. The complaint alleges:
“That in pursuance to said agreement plaintiff continued to act as resident buyer for defendant, and did act as such up to about June 1, 1907, when defendant refused to continue plaintiff’s services,” etc.
The answer put this allegation of the complaint in issue, denied that the plaintiff was employed for a definite term,…
2Cases cited1 opinion
- Linton v. Unexcelled Fireworks Co.New York Court of Appeals · 1891
3Cited by2 opinions
- Gaswint v. CaseOregon Supreme Court · 1973
- Wilkinson v. Halliwell, Electric Co.Appellate Terms of the Supreme Court of New York · 1924