Legal Opinion

Delano v. Columbia Machine Works & Malleable Iron Co.

Appellate Division of the Supreme Court of the State of New York

Decided July 13, 1917PublishedCited by 7 opinions

Appeal by the defendant, Columbia Machine Works and Malleable Iron Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 22d day of November, 1916, upon the verdict of a jury, and also from an order entered in said clerk’s office on the same day denying defendant’s motion for a new trial made upon the minutes.

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Appeal by the defendant, Columbia Machine Works and Malleable Iron Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 22d day of November, 1916, upon the verdict of a jury, and also from an order entered in said clerk’s office on the same day denying defendant’s motion for a new trial made upon the minutes. The action was brought to recover damages for' breach of a contract of employment providing for the employment of plaintiff for a period of one year “ provided your services are satisfactory to us.”…

1Opinion of the Court

Shearn, J.:

The contract was dated July 17, 1915, and plaintiff immediately went to work. He was not discharged until November. It appears that plaintiff was an inventor and an automobile expert and mechanic and that he had obtained a patent for a certain device for starting, lighting and ignition systems on automobiles. His employment was in connection with *155the manufacture of such devices. Shortly after the employment the defendant became interested in the munitions business and lost its interest in the ignition proposition. Nothing was done to develop the plaintiff’s patent and the work on…

2Cases cited2 opinions

  1. Beck v. Only Skirt Co.Appellate Division of the Supreme Court of the State of New York · 1917
  2. Zahler v. MannAppellate Terms of the Supreme Court of New York · 1916

3Cited by7 opinions

  1. Strader v. CollinsAppellate Division of the Supreme Court of the State of New York · 1952
  2. Burns v. LipsonAppellate Division of the Supreme Court of the State of New York · 1923
  3. Golden v. Worldvision Enterprises Inc.Appellate Division of the Supreme Court of the State of New York · 1987
  4. Hortis v. Madison Golf Club, Inc.Appellate Division of the Supreme Court of the State of New York · 1983
  5. Trevellick v. Western Vaudeville Managers Ass'nAppellate Court of Illinois · 1925

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