John G. Cosgray, Appellant, v. New England Piano Company of New York, Respondent

John G. Cosgray, Appellant, v. New England Piano Company of New York, Respondent. Admissions of an officer of a corporation—they are only admissible when a part of the res gestae, or made in'the performance of his duty. Where an employee brings an action to recover damages for his alleged wrongful discharge by a corporation, proof of admissions made to third persons by the treasurer of the corporation, the person who employed him for the corporation, is inadmissible. The declarations of an agent or officer of a corporation are not admissible in an action against it, except when made as a part of the res gestee, or in the performance of his duties as such agent or officer. Appeal by the plaintiff, John G. Cosgray, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 15th day of March, 1897, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 15th day of March, 1897, denying the plaintiff’s motion for a new trial. George William Sa?% for the appellant. George A. Clement, for the respondent. [MAJORITY — Per Curiam:] Per Curiam: But one alleged error is urged upon this appeal. The action was brought to recover damages for the improper discharge of the plaintiff before the expiration of his term of employment. The defendant denied that the plaintiff was employed for a definite term. The contract of employment was made by the plaintiff and one Dygert, the treasurer of the defendant. On the trial the plaintiff sought to prove, not by way of impeachment of Dygert, but as direct evidence, admissions alleged to have been made by Dygert to other persons. This evidence the court excluded. The ruling was plainly correct. The declarations of an agent or officer of a corporation are not admissible, except when made as a part of the res gestee, or in the performance of his duties as agent or officer. (First Nat. Bank of Lyons v. Ocean Nat. Bank, 60 N. Y. 278.) The judgment and order appealed from should be affirmed, with costs. All concurred, except Bartlett, J., not sitting. Judgment and order affirmed, with costs.