Harris v. Cong. Hall Hotel Co.
| Decision Date | 14 July 1908 |
| Citation | 76 N.J.L. 367,70 A. 330 |
| Parties | HARRIS v. CONGRESS HALL HOTEL CO. |
| Court | New Jersey Supreme Court |
(Syllabus by the Court)
Certiorari to Court of Common Pleas, Cape May County.
Action by Edward Harris against the Congress Hall Hotel Company. Judgment for defendant, and plaintiff brings certiorari. Affirmed.
Argued February term, 1908, before GARRISON, SWAYZE, and TRENCHARD, JJ.
Matthew Jefferson and John W. Wescott, for prosecutor.
Carrow & Kraft, for defendant.
This writ of certiorari brings up for review a judgment in favor of the defendant entered upon the verdict of a jury ordered by the judge of the Cape May common pleas court on the trial of an appeal from a small-cause court. At the time the verdict against the plaintiff was directed, the testimony would have justified the jury in finding the facts as follows: That the plaintiff took employment in the summer of 1897 as a servant in the Congress Hall Hotel at Capo May, being employed by one Edward H. Cake, who was conducting the hotel under a written lease from the Congress Hall Hotel Company that confessedly imposed no liability upon that company, the defendant, for payment of the plaintiff's wages; that, by its terms, the lease expired March 1, 1899; that about the middle of August, 1897, Cake became financially embarrassed, and a Mr. Moore, the secretary of the defendant company, and who transacted the season's business with Cake for the company, came to the hotel and agreed with Cake that the company would pay the servants in the hotel, of whom the plaintiff was one, all that was due them at that time, and all that might become due in the future if they would continue work; that in consideration of this agreement, and at the same time, Moore accepted from Cake a surrender of the lease, and authorized Cake to run the hotel for the company for the remaining two or three weeks, and until it was closed for the season; that, as a part of the arrangement between Cake and Moore, the latter instructed Cake to give to each of the servants an order showing the amount that was due to them, saying that they could present these for payment at the Girard House in Philadelphia; that up to August 30, 1897, when the hotel closed, there was due to the plaintiff for wages the sum of $125, but what part of it was for services rendered before the making of the agreement, and what part for services rendered thereafter, does not appear.
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