Miller v. Shubert Theatrical Co. — 224 N.Y. 668

Majority

p. 668

John R. Miller, Appellant, v. Shubert Theatrical Company, Respondent.

Headnote

Miller v. Shubert Theatrical Co., 172 App. Div. 907 , affirmed.

(Argued October 24, 1918;

decided November 12, 1918.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 8, 1916, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term in an action to recover

p. 669

on a contract for services. The complaint alleged that defendant contracted to employ plaintiff’s assignor for a stated period and discharged him before the expiration thereof. The defense was that the contract was one by which the employee was to perform to the satisfaction of his employer and. that he was discharged for failure to give satisfaction.

Paul N. Turner for appellant.

Charles H. Tuttle and William Klein for respondent.

Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Chase, Collin, Cuddeback and Hogan, JJ. Not sitting: McLaughlin, J. Absent: Crane, J.