Frankel v. Central Railroad of New Jersey
This text of 114 N.Y.S. 137 (Frankel v. Central Railroad of New Jersey) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The plaintiff’s recovery, upon the basis of an agreement whereby his assignor was employed by the month, is not supported by the record, and the judgment must be reversed. So far as appears, the only proof of the terms of the contract disclosed a .hiring “at $70 a month,” and it is the settled rule in this jurisdiction that such an agreement, in the absence of words to define the period of employment, is not a hiring for a month, but is terminable at will. Martin v. N. Y. Life Ins. Co., 148 N. Y. 117, 131, 43 N. E. 416.
Judgment reversed, and new trial ordered, with costs to appellant to abide the event. All concur.
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114 N.Y.S. 137, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frankel-v-central-railroad-of-new-jersey-nyappterm-1909.