Legal Opinion
Sears, Roebuck & Co. v. Kelly
New York Supreme Court
Decided February 15, 1956PublishedCited by 4 opinions
1Opinion of the CourtDi Falco, J.
Defendant was a buyer in the employ of Sears, Roebuck and Co. for many years. The present action is to recover from her gratuities received by her for the period from March 27,1947 to January 30,1955, when the defendant resigned from the plaintiff’s employ. During the trial it was established that the defendant received gratuities from various manufacturers and suppliers of merchandise to the plaintiff.
*625Section 439 of the Penal Law states: “ 1. A person who gives, offers or promises to an agent, employee or servant of another, any gift or gratuity whatever, without the knowledge and consent of…
2Cases cited3 opinions
- Lamdin v. Broadway Surface Advertising Corp.New York Court of Appeals · 1936
- Murray v. . BeardNew York Court of Appeals · 1886
- Carman v. . BeachNew York Court of Appeals · 1875
3Cited by4 opinions
- Novartis Corp. v. Luppino (In Re Luppino)United States Bankruptcy Court, S.D. New York · 1998
- British American & Eastern Co., Inc. And Frederick L. Sunley, Plaintiffs v. Wirth Limited, Wirth Incorporated and Manfred F. WirthCourt of Appeals for the Second Circuit · 1979
- People v. KacerNew York Supreme Court · 1982
- Texwood Ltd. v. GerberDistrict Court, S.D. New York · 1985