The Superior Court of the City of New York and Buffalo April 15, 1889 (Adams v. Fitzpatrick)

Per Curiam.

The prior employment was at a fixed salary, and, as the services continued beyond the period fixed by the original contract, the presumption is that the salary was at the same rate. Vail v. Manufacturing Co., 32 Barb. 567; Ross v. Hardin, 79 N. Y. 84. On the facts there is no legal presumption that the second contract of service was for the same period of time as the first.