Atkinson v. Fiske Bros. Refining Co. — 235 N.Y. 512

Majority

p. 512

Laurence H. Atkinson, Appellant, v. Fiske Brothers Refining Company, Respondent.

Headnote

Contract — master and servant — action to recover for alleged wrongful discharge — term of employment.

Atkinson v. Fiske Bros. Refining Co., 201 App. Div. 859 , affirmed.

(Argued January 11, 1923;

decided January 30, 1923.)

Appeal from a judgment of the Appellate Division in the Supreme Court in the second judicial department, entered March 18, 1922, affirming a judgment in favor of defendant entered upon a verdict. The action was to recover upon an alleged contract of employment, plaintiff claiming wrongful discharge. The question at issue was

p. 513

whether the contract could be terminated at will by either party or whether the effect of certain resolutions of defendant’s board of directors was to continue plaintiff’s employment for the “ current year,” and if so the meaning of that term.

Bruce R. Duncan for appellant.

John Hill Morgan and George A. Spiegelberg for respondent.

Judgment affirmed, with costs; no opinion. Concur: His cock, Ch. J., Hogan, Caudozo, Pound, McLaughlin and Andrews, JJ. Dissenting: Crane, J.