National Protective Ass'n of Steam Fitters & Helpers v. Cumming
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, made July 17, 1900, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and .granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinions. The plaintiffs are entitled to an injunction by comparison of their equities with those of the defendants.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, made July 17, 1900, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and .granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinions. The plaintiffs are entitled to an injunction by comparison of their equities with those of the defendants. (People v. Gillson, 109 N. Y. 389; Slaughterhouse Cases, 16 Wall. 116; Matter of Jacobs, 33 Hun, 377; 98 N. Y. 98; Davis v. Zimmerman, 91 Hun, 489; C.…
1Opinion of the Court
Parker, Ch. J.
The order of the Appellate Division should be affirmed, on the ground, that the facts found do not support the judgment of the Special Term. In the discussion of that proposition I shall assume that certain principles of law laid down in the opinion of Judge Vann are correct, namely :
“ It is not the duty of one man to work for another unless he has agreed to, and if he' has so agreed hut for no fixed period, either may end the contract whenever he chooses.' The one ' may work, of refuse to work, at will, and the other may hire or discharge at will. The terms of employment are…
2Cases cited2 opinions
- Tullis v. Lake Erie & Western RailroadSupreme Court of the United States · 1899
- National Harrow Co. v. E. Bement & SonsNew York Court of Appeals · 1900
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- Adair v. United StatesSupreme Court of the United States · 1908
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- Opera on Tour, Inc. v. WeberNew York Court of Appeals · 1941
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