Mitchell v. Waite

City of New York Municipal Court

Mitchell v. Waite

30 Misc. 837, 61 N.Y.S. 1108

DecidedDecember 15, 1899

StatusPublished

This text of 30 Misc. 837 (Mitchell v. Waite) is published on Counsel Stack Legal Research, covering City of New York Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mitchell v. Waite, 30 Misc. 837, 61 N.Y.S. 1108 (N.Y. Super. Ct. 1899).

Pincite

Opinion

Per Curiam.

The complaint alleges, and plaintiff endorses, establishes the fact that his employment was for a specific period. That was the issue submitted to the jury, and although this issue was denied in defendant’s answer and false upon the trial, the jury believed plaintiff’s version of the question in controversy, as they had a right to do.

Under the circumstances it was immaterial whether there was a custom of giving and taking two weeks’ notice. If such a custom existed it did not affect the specific contract made by the parties hereto.

The judgment must be affirmed, with costs.

Present: Fitzsimons, Ch. J.; O’Dwyer and Scotchman, JJ.

Judgment affirmed, with costs.

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