Appellate Terms of the Supreme Court of New York, 1913

Alger v. New York Post Graduate Medical School & Hospital

Appellate Terms of the Supreme Court of New York · Decided March 7, 1913 · Bijur

140 N.Y.S. 394 (New York Supplement)

Counsel

Taylor, Jackson & Brophy, of New York City (John G. Jackson, of New York City, óf counsel), for appellant., Morris W. Hart, of New York City, for respondent.

Opinion of the Court

BIJUR, J.

The action is to recover wages for the balance of a month in the first part of which plaintiff was discharged. He testified that his salary was “$75 a month.” Hé was discharged on the 10th of September and was paid $25 for a third of the month. It is well settled in this state that “a stipulation as to the method of payment, such as monthly,” in the absence of the fixing of a definite period of service, constitutes only a hiring at will. Watson v. Gugino, 204 N..Y. 535, 98 N. E. 18, 39.L. R. A. (N. S.) 1090, approving Martin v. N. Y. Life Ins. Co., 148 N. Y. 117, 42 N. E. 416.

The judgment must be reversed, with costs, and the complaint dismissed, with costs. All concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.