Peck v. Dexter Sulphite Pulp & Paper Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 22, 1897, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The superintendent had no power to employ for a stated term.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 22, 1897, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The superintendent had no power to employ for a stated term. (L. 1848, ch. 40, § 7; Smith v. C. D. Assn., 12 Daly, 304; Camacho v. H. B. N. & E. Co., 2 App. Div. 369; Carney v. N. Y. L. Ins. Co., 19 App. Div. 160; Trustees, etc., v. Bowman, 136 N. Y. 524; Seymour v.…
1Opinion of the CourtCullen, J.
This action was brought, servant against master, for damages for wrongful discharge from employment. The plaintiff alleged that he was hired as foreman of defendant’s mill for the term of one year. The defendant answered denying that plaintiff’s employment was for any stated period and alleging that he was properly discharged for incompetency and misconduct. The evidence tended to show an oral hiring made by one Outterson, the general superintendent of defendant’s business. Objection was taken to this testimony •on the ground that Outterson had no authority to employ the plaintiff for the…
2Cases cited2 opinions
- Camacho v. Hamilton Bank Note & Engraving Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Carney v. New York Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by15 opinions
- Hardin v. Morgan Lithograph Co.New York Court of Appeals · 1928
- In Re Paramount Publix CorporationCourt of Appeals for the Second Circuit · 1937
- Schwartz v. United Merchants & Manufacturers, Inc.Court of Appeals for the Second Circuit · 1934
- Ford v. MageeCourt of Appeals for the Second Circuit · 1947
- Manross v. Uncle Sam Oil Co.Supreme Court of Kansas · 1912
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