Graves v. Kaltenbach & Stephens, Inc.

Headnote

Contract — master and servant — action for wrongful discharge — counterclaim for money misappropriated — hiring at will.

Graves v. Kaltenbach & Stephens, Inc., 205 App. Div. 110 , affirmed.

Appeal from a judgment, entered May 9, 1923, upon an order of the Appellate Division of the Supreme Court in the first judicial department reversing a judgment in favor of plaintiff entered upon a verdict and directing judgment in favor of defendant upon its counterclaim. The action was to recover for an alleged wrongful discharge. The amended answer in addition to a general denial stated a counterclaim of $161.78 for moneys alleged to have been received by the plaintiff from the defendant in a fiduciary capacity, namely, for payment to other employees of defendant, but which moneys the plaintiff instead retained and appropriated.