Atkinson v. Fiske Bros. Refining Co. 235 N.Y. 512

Laurence H. Atkinson, Appellant, v. Fiske Brothers Refining Company, Respondent.

Contract — master and servant — action to recover for alleged wrongful discharge — term of employment.

Atkinson v. Fiske Bros. Refining Co., 201 App. Div. 859, affirmed.

(Argued January 11, 1923;

decided January 30, 1923.)

Appeal from a judgment of the Appellate Division in the Supreme Court in the second judicial department, entered March 18, 1922, affirming a judgment in favor of defendant entered upon a verdict. The action was to recover upon an alleged contract of employment, plaintiff claiming wrongful discharge. The question at issue was *513whether the contract could be terminated at will by either party or whether the effect of certain resolutions of defendant’s board of directors was to continue plaintiff’s employment for the “ current year,” and if so the meaning of that term.

Bruce R. Duncan for appellant.

John Hill Morgan and George A. Spiegelberg for respondent.