Pickslay v. . Starr
New York Court of Appeals
Appeal from judgment of the General Term of the. Supreme Court in the second judicial department, entered upon an order made February 13, .1894, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. The action was brought to. recover a balance alleged by the plaintiff to be due to him from the defendant, pursuant to an agreement between them relating to his compensation while in the latter’s employment.
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Appeal from judgment of the General Term of the. Supreme Court in the second judicial department, entered upon an order made February 13, .1894, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. The action was brought to. recover a balance alleged by the plaintiff to be due to him from the defendant, pursuant to an agreement between them relating to his compensation while in the latter’s employment. For a number of years, prior to the year 1889, the defendant had been in the habit of giving to the plaintiff at Christmas a present of $2,500. In April, 1889,…
1Opinion of the CourtGray, J.
This is a peculiar case.. It is perfectly clear that the defendant intended, at the time, to give to the plaintiff the Christmas present of $2,500 and it is, also, equally clear that, subsequently, he bethought himself of the new arrangement, which he had made with respect to his clerk’s compensation, and became conscious of the mistake he had committed. Of course, notwithstanding the new arrangement between them, which, according to the defendant, was upon a basis which would make the usual annual Christmas gift no longer a thing to be expected, there was nothing to prevent his continuing to…
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