Smith v. Cooperative Dress Ass'n
New York Court of Common Pleas
Appeal from a judgment of this court entered upon the dismissal of a complaint. The action was brought to recover damages for an alleged wrongful discharge of plaintiff on May 18th, 1882, from employment claimed by him to have been for one year from March 20th, 1882. Defendant’s answer denied employment for a year. At the trial, the complaint was dismissed, and judgment for defendant was entered thereon. From the judgment plaintiff appealed.
1Opinion of the CourtJ. F. Daly, J.
The plaintiff was hired by John Wales, the general manager of defendant. The question in' the case was the authority of Wales to make contracts of employment of this character. The plaintiff introduced the written contract between the general manager and the association, by which it appeared that he was to have such powers and duties as then were or thereafter might be prescribed by the by-laws, and that the term of his employment was one year, the contract bearing date July 19th, 1881. The by-laws of the corporation were not put in evidence. No proof of the authority of Mr. Wales, which…
2Cited by3 opinions
- Jackson Paper Manufacturing Co. v. Commercial National BankIllinois Supreme Court · 1902
- Holman v. Omaha & Council Bluffs Railway & Bridge Co.Supreme Court of Iowa · 1900
- Stahlberger v. New Hartford Leather Co.New York Supreme Court · 1895