
    Frederick W. Graves, Appellant, v. Kaltenbach & Stephens, Inc., Respondent.
    
      Contract — master and servant — action for wrongful discharge — counterclaim for money misappropriated — hiring at will.
    
    
      Graves v. Kaltenbach & Stephens, Inc., 205 App. Div. 110, affirmed.
    (Argued November 26, 1923;
    decided December 27, 1923.)
    Appeal from a judgment, entered May 9, 1923, upon an order of the Appellate Division of the Supreme Court in the first judicial department reversing a judgment in favor of plaintiff entered upon a verdict and directing judgment in favor of defendant upon its counterclaim. The action was to recover for an alleged wrongful discharge. The amended answer in addition to a general denial stated a counterclaim of $161.78 for moneys alleged to have been received by the plaintiff from the defendant in a fiduciary capacity, namely, for payment to other employees of defendant, but which moneys the plaintiff instead retained and appropriated.
    
      Joseph A. Fagnant for appellant.
    
      Chandler Bennitt for respondent.
   Judgment affirmed, with costs, on the ground that the contract of hiring was one at will; no opinion.

Concur: His cock, Ch. J., Hogan, Cardozo, Pound, Crane and Andrews, JJ.; McLaughlin, J., votes to affirm also on ground that discharge was proper.  