Koch v. Siff

Appellate Terms of the Supreme Court of New York

Koch v. Siff

154 N.Y.S. 223

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 28, 1915

StatusPublished

This text of 154 N.Y.S. 223 (Koch v. Siff) 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.

Bluebook

Koch v. Siff, 154 N.Y.S. 223 (N.Y. Ct. App. 1915).

Pincite

Opinion

PER CURIAM.

As the evidence clearly shows that the plaintiff left the employ of the defendants on account of his fear of strikers, who had assaulted him .on the street, and was not discharged or requested to leave, there is no ground for allowing him to recover his unearned wages. On the other hand, the defendants consented to his leaving, and should not be allowed to retain the $50 deposit.

The recovery should therefore be reduced to $62, the amount of the deposit, and $12 for the three days’ work for which he received no pay, plus the costs and disbursements, and, as modified, affirmed, without costs to either party.

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PER CURIAM.

As the evidence clearly shows that the plaintiff left the employ of the defendants on account of his fear of strikers, who had assaulted him .on the street, and was not discharged or requested to leave, there is no ground for allowing him to recover his unearned wages. On the other hand, the defendants consented to his leaving, and should not be allowed to retain the $50 deposit.

The recovery should therefore be reduced to $62, the amount of the deposit, and $12 for the three days’ work for which he received no pay, plus the costs and disbursements, and, as modified, affirmed, without costs to either party.

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Bluebook (online)

154 N.Y.S. 223, Counsel Stack Legal Research, https://law.counselstack.com/opinion/koch-v-siff-nyappterm-1915.