
    Maurice B. Atkinson, Respondent, v. The Singer Manufacturing Co., Appellant.
    1 Appeal by the defendant from a judgment of the District 'Court in the city of New York for trié .first judicial district, rendered by the justice, -thereof, without a jury,, in favor of -the plaintiff. ' , , ' ! ' ", :: " 1
    ''The'natUré of the action, and the material facts aré stated ■ in the opinion,' , , :
    
      Booraem, Hamilton, Beolcett <& Ransom, for appellant. .
    , : John G.allahcm, for respondent.', .. ■ ¡
   CiegeBioh, .J,

This -action was brought , to recover back seventy-five dollars which the respondent; had-deposited, as security for the hpnest performance, by hum of his duties as 'employee of the appellant, , ■ ,

The record shows that he left their employment .by mutual consent upon the ninth, day of February, and. fhis action-was bégun on the twelfth-day of tire same month .and year.- ■

. There was - a strenuous contest .between the parties- . -upon 1 the trial as to whether the agreement was' that a .period of sixty or ninety days must elapse after, the termination of-,the ' employment before the deposit, was tp.be returned-, , :

; The appellant now urges -that the'action w;as prematurely "brought in-;either event;- but;.this objection was not made upon the trial. In fact,, the -attention of the court was called away, from-it..by a conflict over a point that, was really immaterial.

. Under the circumstances we do not feel bound to consider the objection upon appeal, especially, ,as it. does not appear that injustice has-resulted. . - , -

The judgment is affirmed, with costs.

Bisohoff, J., concurs.

Judgment affirmed, with cpsts, ■ ,  