Citation Numbers: 185 N.E. 83, 261 N.Y. 229
Judges: POUND, Ch. J.
Filed Date: 3/1/1933
Status: Precedential
Modified Date: 1/12/2023
The action is one to recover damages for an alleged wrongful discharge of plaintiff from the employ of defendant.
The question is whether an allegation in the complaint that an oral contract of employment for life by a corporation was madethrough its president, can be upheld as sufficient in law. That a contract for employment for life if authorized by the corporation and based on an adequate consideration, will ordinarily be sustained admits of no dispute. (Riefkin v.DuPont DeNemours Co., 290 Fed. Rep. 286; Arentz v. MorseDry Dock Repair Co.,
The complaint does not suggest that the board of trustees of the defendant corporation ever authorized or ratified the contract set forth in the complaint. Plaintiff rests entirely on the affirmative allegation that the contract was made "through the president." If the plaintiff proved the facts alleged and nothing more he would fail to establish a cause of action. He would establish an unauthorized contract of hiring, not enforceable against the corporation.
It was not necessary to allege that the hiring was "through the president." Although it was unnecessary, it was not improper (Calvo v. Davies,
The order should be reversed and the second cause of action set forth in the complaint dismissed, with costs in all courts, and the question certified answered in the negative.
CRANE, LEHMAN, KELLOGG, O'BRIEN, HUBBS and CROUCH, JJ., concur.
Ordered accordingly. *Page 233
Murphree v. Alabama Farm Bureau Ins. Co. , 449 So. 2d 1218 ( 1984 )
Alabama Mills v. Smith , 237 Ala. 296 ( 1939 )
National Union Life Insurance Company v. Ingram , 275 Ala. 310 ( 1963 )
United Security Life Insurance Co. v. Gregory , 281 Ala. 264 ( 1967 )
In Re Paramount Publix Corporation , 90 F.2d 441 ( 1937 )
William H. Burke, Cross-Appellant v. Gus Bevona, as ... , 866 F.2d 532 ( 1989 )
Collins v. Parsons College , 203 N.W.2d 594 ( 1973 )
Ohio Table Pad Co. of Indiana, Inc. v. Hogan , 424 N.E.2d 144 ( 1981 )
Pullman Co. v. Ray , 201 Md. 268 ( 1953 )
william-h-burke-v-gus-bevona-individually-as-president-of-local , 931 F.2d 998 ( 1991 )
Kolodney v. Kolodney Bros., Inc. , 21 Conn. Super. Ct. 308 ( 1959 )
Béné v. La Grande Laundry Co. , 22 Cal. App. 2d 512 ( 1937 )
Savarese v. Pyrene Manufacturing Co. , 9 N.J. 595 ( 1952 )
Osborne v. Locke Steel Chain Co. , 153 Conn. 527 ( 1966 )
Alter v. Resorts Int'l, Inc. , 234 N.J. Super. 409 ( 1989 )
Bernard J. Lee, Platiff-Appellant v. Jenkins Brothers, ... , 268 F.2d 357 ( 1959 )
Winand v. Case , 154 F. Supp. 529 ( 1957 )
Eckhart v. Plastic Film Corporation , 129 F. Supp. 277 ( 1955 )
Brown v. Safeway Stores, Inc. , 190 F. Supp. 295 ( 1960 )
Management Technologies, Inc. v. Morris , 961 F. Supp. 640 ( 1997 )