HERMAN v. BRANCH MOTOR EXPRESS


67 Misc.2d 444 (1971)

George Herman, Plaintiff, v. Branch Motor Express Co., Inc., Defendant.

Civil Court of the City of New York, Trial Term, New York County.

August 2, 1971


Attorney(s) appearing for the Case

Lee & Lee (Stephen K. Lee of counsel), for plaintiff. Jezer, Slade & Weiss (Irvin Rothfarb of counsel), for defendant.


IRVING YOUNGER, J.

The question in this case is whether a servant who is faithless to his master on Tuesday thereby forfeits the wage he earned on Monday. I hold that he does not.

Plaintiff is a truck driver. His 14 years of service to defendant came to an end on December 15, 1967, an eventful day during which plaintiff successively stole some thousand dollars worth of cargo, was apprehended by the FBI, and ceased to be defendant's employee. Had...

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