82 N.J.L. 474 | N.J. | 1911
The opinion of the court was delivered by
The plaintiff’s case, as set up in his declaration, is based upon his alleged unlawful discharge from service by the defendant, in violation of a written agreement of
Our conclusion is that the case proved by the plaintiff failed to show a' discharge; on the contrary, it conclusively shows that the plaintiff quit the service of the defendant of his own motion because he was denied authority over the shipping clerk without which he was unwilling to remain in defendant’s service. His subsequent repentance, if he did repent, would not destroy the effect of his previous notice to' the defendant that he would quit its service, following it by acts indicating the execution of such purpose, in which the defendant apparently acquiesced.
The nonsuit was properly allowed, and we find no error in the action of the trial judge in that regard.
The only remaining assignment argued challenges the action of the trial court in permitting defendant’s counsel to ask the plaintiff, on cross-examination, the question: <rQ. You didn’t have anything that you expected to use it for that evening that you knew of, did you ?” The only objection interposed was that the question was not relevant. We are of opinion that this cross-examination was proper and competent, for plaintiff had testified that he carried his notarial seal, to the using of which the question was directed, away from the factory because he wanted to use it at home, and that he did not intend by such act to indicate that he had quit the service of the defendant. It was quite relevant to show that the purpose, which he subsequently declared, for removing the seal from the factory was not in fact true and this, the evidence admitted, had a tendency to show.
The judgment will be affirmed, with costs.
For reversal—Uone.