Higgins v. . Mayor, Etc., of New York
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 15, 1891, which directed judgment for plaintiff upon the verdict directed at Circuit on exceptions directed to be heard in the first instance at the General Term. The facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 15, 1891, which directed judgment for plaintiff upon the verdict directed at Circuit on exceptions directed to be heard in the first instance at the General Term. The facts, so far as material, are stated in the opinion. It was error for the trial court to withhold from the jury the question as to whether plaintiff understood that he was suspended or discharged, and all that the said question implies. (McCoy v. Mayor, etc., 11 N. Y. S. R. 505; Gregory v. Mayor, etc.,…
1Opinion of the CourtGray, J.
The plaintiff, an honorably-discharged Hnion soldier, has recovered judgment against the city of New York for wages, alleged to be due him between certain dates. It appears that he had been appointed by the mayor of the city, in 1888, as laborer at the dog pound, at a fixed compensation of two dollars a day. In March, 1889, the mayor terminated the employment and appointed another person in the plaintiff’s place. Thereupon he instituted legal proceedings to compel his reinstatement by the mayor, on the ground that he was an honorably-discharged Hnion soldier of the late war and entitled as…
2Cases cited1 opinion
- Terhune v. . Mayor, Etc., City of New YorkNew York Court of Appeals · 1882
3Cited by27 opinions
- Myers v. MayorNew York Supreme Court · 1893
- O'Hara v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1900
- Fisher v. . City of MechanicvilleNew York Court of Appeals · 1919
- Martin v. . City of New YorkNew York Court of Appeals · 1903
- Jones v. . City of BuffaloNew York Court of Appeals · 1904
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