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13 Misc. 777

Flannery v. McLean

City of New York Municipal Court

Decided June 15, 1895

City of New York Municipal Court · decided 1895-06-15

<p>Appeal by defendant from judgment on verdict for plaintiff and from order denying motion for new trial.</p>

Decided 1895-06-15

Van Wyck, J.

¶1The plaintiff’s contention, by pleading and proof, was his employment by defendant for term of one year and wrongful discharge before end of term, while defendant admitted such employment and discharge before expiration of term, but contended that such discharge was for just cause. This question, under the proof, as to whether such discharge was wrongful or rightful, was properly left for the jury to determine, and they answered that it was wrongful, by returning verdict for plaintiff, and such verdict was justi*778fied by the proof and will not be disturbed here. The-defendant took only two exceptions — one to denial of his motion for nonsuit, and the other to an overruled objection to a question by plaintiff at folio 84 — which, was, however, properly allowed, and, moreover, was merely a repetition by plaintiff’s counsel of the witness’ answer to a previous question to which no objection was made. The order and judgment are affirmed, with costs.

¶2Newburger and Conlan, JJ., concur.

¶3Judgment and order affirmed, with costs.

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