
    Jennette Hayes, Appellant, v. Hudson River Telephone Company, Respondent.
    
      Contract — alleged oral agreement to pay injured employee a certain sum weekly until recovery and then furnish him life employment.
    
    
      Hayes v. Hudson River Telephone Co., 185 App. Div. 919, affirmed.
    (Argued April 21, 1920;
    decided May 7, 1920.)
    Appeal from a judgment of the Appellat Division of the Supreme Court in the third judicial department, entered September 28, 1918, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term in an action to recover for breach of an alleged oral contract whereby it was agreed between plaintiff’s assignor and defendant that said assignor was to release to defendant his cause of action for personal injuries sustained by him while in defendant’s employ on September 24, 1903, and defendant in turn agreed to pay his doctor’s bills, and pay him nine dollars per week until such time as he was able to go to work, and then to give him a life job at such work as he was able to do, and to pay him the prevailing rate of wages for such employment. The defendant’s answer was in effect a general denial and set up the following separate defenses: First, that the defendant was not the party hable. Second, that plaintiff’s assignor released his claim to the defendant. Third, that the agreement set forth in the complaint was ultra vires. Fourth, that the agreement set forth in the complaint was void by the Statute of Frauds. Fifth, that the plaintiff was not the real party in interest. Sixth,- the defense of payment. Seventh, that the plaintiff's cause of action did not accrue within six years of the commencement o’f the action.
    
      Walter A. Fullerton for appellant.
    
      John A. Delehanty for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Chase, Collin, Cardozo, Pound, Crane and Andrews, JJ.  