12 Daly 304 | New York Court of Common Pleas | 1884
The plaintiff was hired by John Wales, the general manager of defendant. The question in' the case was the authority of Wales to make contracts of employment of this character. The plaintiff introduced the written contract between the general manager and the association, by which it appeared that he was to have such powers and duties as then were or thereafter might be prescribed by the by-laws, and that the term of his employment was one year, the contract bearing date July 19th, 1881. The by-laws of the corporation were not put in evidence. No proof of the authority of Mr. Wales, which could be received in evidence, was offered. His powers and duties were prescribed by the by-laws, as his contract, introduced by plaintiff, showed : and it was incompetent to show them by parol evidence of Wales himself, or bj1- proving directions received by him from the president and other' individual directors or officers, or by showing his custom in hiring persons (he not having reported the engagements so made to the board, as he swears) or by showing what other engagements with employés he made; and therefore all the evidence of that character offered was properly excluded and the exceptions by plaintiff to such exclusion are not well taken.
Mr. Wales was allowed to testify that he employed every person from the day he entered the house and discharged, every person and no one, neither the president nor directors*, knew when persons came in or out, and neither of them made any objections to what he did: he did that whole-business. This evidence, with the fact that he was employed as general manager, might be- sufficient to warrant a recovery by one of the persons hired by him1, for services- actually
The judgment should be affirmed, with costs.
Yah Hoeseh and Beach, JJ., concurred.
.Judgment .affirmed,.with costs.