Appellate Terms of the Supreme Court of New York, 1914

Barclay v. Henry W. Savage, Inc.

Appellate Terms of the Supreme Court of New York · Decided December 24, 1914

150 N.Y.S. 688 (New York Supplement)

Counsel

Reynolds, Thomas & Friedman, of New York City (A. C. Thomas, of New York City, of counsel), for appellant., Charles Fox, of New York City (Edward H. Lockwood, of New York City, of counsel), for respondent.

Opinion of the Court

PER CURIAM.

The defendant appeals from a judgment in favor of plaintiff, brought to recover damages for breach of contract of employment. The answer pleads justification, and the defendant at the trial introduced convincing proof that plaintiff was discharged because, while in defendant’s employment, she maliciously cut and tore to pieces certain theatrical costumes belonging to another actress in the employ of defendant. The preponderance of evidence on this point is so entirely in favor of the defendant that we feel it our duty to set aside the judgment and order a new trial.

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

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