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Frankel v. Central Railroad of New Jersey

114 N.Y.S. 137 Court N.Y. App. Term Decision date 1909-01-08 English

Delivered by BISCHOFF, J.

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p. 137
FRANKEL v. CENTRAL R. CO. OF NEW JERSEY.
(Supreme Court, Appellate Term.
January 8, 1909.)

Headnote

Master and Servant (§ 8[1] )—Contract of Employment—Teem—Hiring by the Month.
An agreement for employment “at $70 a month,” in the absence of words to define the period of employment, is not a hiring for a month, but is terminable at will.
[Ed. Note.—For other cases, see Master and Servant, Cent. Dig. § 10; Dec. Dig. § 8.*]
Appeal from Municipal Court, Borough of Manhattan, Eighth District.
Action by Samuel Erankel against the Central Railroad Company of New Jersey. Judgment for plaintiff, and defendant appeals. Reversed, and new trial ordered.
Argued before GIRDERSREEVE, P. J., and BISCHOEE and GUY, JJ.
p. 138
De Forest Bros., for appellant.
Emerich Kohn, for respondent.

The plaintiff’s recovery, upon the basis of an agreement whereby his assignor was employed by the month, is not supported by the record, and the judgment must be reversed. So far as appears, the only proof of the terms of the contract disclosed a .hiring “at $70 a month,” and it is the settled rule in this jurisdiction that such an agreement, in the absence of words to define the period of employment, is not a hiring for a month, but is terminable at will. Martin v. N. Y. Life Ins. Co., 148 N. Y. 117 , 131, 43 N. E. 416 .

Judgment reversed, and new trial ordered, with costs to appellant to abide the event. All concur.

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