# Merrill v. United Box Board & Paper Co.

> Appellate Division of the Supreme Court of the State of New York · March 23, 1911 · 143 A.D. 833

URL: https://www.frixlaw.com/law-library/cases/5219281

## Case

- **Full name:** Cyrus S. Merrill v. United Box Board and Paper Company
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** March 23, 1911
- **Citations:** 143 A.D. 833; 128 N.Y.S. 959; 1911 N.Y. App. Div. LEXIS 938
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Betts
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5219281

## Opinion text

Per Curiam :
So far as the payments already made to the plaintiff are concerned, the court finds no reason for requiring him to refund them. The propriety of a_ contract for five years under all the circumstances of the case is not apparent. The burden of proof rested with the plaintiff to show its fairness and propriety when he seeks to recover for time not served. He has not met that burden, and, under all the circumstances, the court is satisfied he should receive no further compensation after the notice was given terminating his services. The counterclaim for $5,000, the balance due upon the bond account, was sustained by a fair preponderance of evidence.
The judgment should, therefore, be reversed upon the law and facts, the referee discharged and a new trial granted, with costs to the appellant to abide the event.
All concurred, Betts, J., in result in opinion, except Houghton, J., dissenting and voting for an affirmance of the judgment, with a deduction, however, of the $5,000 counterclaim from the plaintiff’s recovery.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5219281. Public record. Not legal advice.