121 N.Y.S. 610 | N.Y. App. Term. | 1910
The plaintiff • has recovered a judgment for $779.88 against the defendants. It appears that the plaintiff was em
The plaintiff having received her salary at regular and stated periods, •we think that the presumption is that the salary so received was in full payment for the services rendered. This presumption might, of ^course, be overcome by proof of a special agreement to pay additional 'compensation. A review of the whole record has led us to the conclusion that the plaintiff did not sustain the burden of proof, and that justice requires a new trial.
Judgment reversed, and new trial ordered, with costs to the appellant to abide the event.
GUY, J., taking no part.