Edward Martin, Appellant, v. The New York Life Insurance Company, Respondent, 148 N.Y. 117


Summary

For 11 years, the employee was in charge of the real estate department for his employer. At the end of that time, the president of his employer notified him by letter that his services were no longer needed. The employee initially responded that he accepted the state of affairs but later wrote the employer stating that he was employed pursuant to a contract and that the employer was required to pay the balance of his yearly salary. He filed suit against his employer, and the trial court directed a verdict in favor of the employee. The appellate division reversed and granted a new trial. On further appeal, the court held that the employer's letter was an absolute discharge of the employee and could not be regarded as a part of negotiations to abrogate an existing contract. In affirming the judgment and dismissing the complaint, the court determined that the employee's replies to the president's letter did not affect the parties' legal rights and that the employee was hired at will and ...