Mason v. New York Produce Exchange
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Daniel A. Mason, from a .judgment of the Supreme Court in favor of the defendant, entered in .the office' of the clerk of the county of Kings on the 10th day of June, 1907, upon the dismissal of the complaint by direction of the court at the close of the. plaintiff’s case upon a trial at,, the King's County Trial Term.
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Appeal by the plaintiff, Daniel A. Mason, from a .judgment of the Supreme Court in favor of the defendant, entered in .the office' of the clerk of the county of Kings on the 10th day of June, 1907, upon the dismissal of the complaint by direction of the court at the close of the. plaintiff’s case upon a trial at,, the King's County Trial Term. On January 4, 1904, the plaintiff, who had from 1899 until May 10, 1902, been in the employ of the defendant as first assistant engineer, applied to defendant’s house committee for the position- -of chief engineer of .'the-New York Produce Exchange…
1Opinion of the Court
Rich, J.:
Upon the trial and at the end of plaintiff’s case the learned trial justice granted defendant’s motion to dismiss the complaint, saying: “I hold that this was a hiring at will and the defendant had a right to terminate the hiring at any time, and I grant the motion.” From the judgment accordingly entered this appeal is taken.
There being no technical or obscure phrases or latent ambiguities in the contract of employment, its interpretation was a question of law for .the court, and_ the only question necessary for consideration here is whether the law sustains the construction given it…
2Cases cited3 opinions
- Potter v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1901
- Ball v. StoverNew York Supreme Court · 1894
- Treffinger v. . M. Groh's SonsNew York Court of Appeals · 1906
3Cited by8 opinions
- Steranko v. Inforex, Inc.Massachusetts Appeals Court · 1977
- Carter v. BradleeAppellate Division of the Supreme Court of the State of New York · 1935
- Atkins & O'Brien L. L. P. v. ISS International Service System, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- TSR Consulting Services, Inc. v. SteinhouseAppellate Division of the Supreme Court of the State of New York · 1999
- Shenn v. Fair-Tex Mills, Inc.Appellate Division of the Supreme Court of the State of New York · 1966
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