New York Court of Common Pleas, 1853

Hogg v. Stortz

Hogg v. Stortz
New York Court of Common Pleas · Decided November 15, 1853 · First, Ingraham
2 E.D. Smith 192
Hogg v. Stortz

Opinion of the Court

By the Court. Ingraham, First J.

All the cases in this state establish the view taken by the defendant of this contract, viz: That payment was not to be made until its expiration. (See 12 J. R. 165; 19 Id. 337; 8 Cowen, 63; 4 Denio, 121.)

If this he so, then the plaintiff’s son had no good cause for leaving the defendant’s employment; and having so abandoned his services, nothing can be recovered for his past labors. (See cases above cited.)

The rule may he a hard one, and is different in some of the other states; but the contract should he made specific in requiring payment before its expiration, to avoid the difficulty.

Judgment reversed.

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