Legal Opinion
Gearns v. Commercial Cable Co.
Appellate Division of the Supreme Court of the State of New York
Decided June 11, 1943PublishedCited by 6 opinions
1Opinion of the CourtTowxlby, J.
This action was brought to recover the monthly payment for May, 1941, due under the defendant’s retirement plan. Paragraph “ 17 ” of the plan provides: “No pension or gratuity shall be paid except out of the profits of the Company and no pension or gratuity or claim thereto shall be a charge upon or against or payable out of any of the capital assets of the Company.”
The issue that was tried was whether the defendant had earned profits during the years 1940 and 1941. This issue was submitted to the jury without objection by the plaintiff and the jury found for the defendant. This verdict…
2Cases cited5 opinions
- City of Knoxville v. Knoxville Water Co.Supreme Court of the United States · 1909
- McKee v. ParadiseSupreme Court of the United States · 1936
- Hickok v. BuntingAppellate Division of the Supreme Court of the State of New York · 1902
- Martin v. DiMarco & Reimann, Inc.Appellate Division of the Supreme Court of the State of New York · 1942
- People ex rel. New York Railways Co. v. Public Service CommissionAppellate Division of the Supreme Court of the State of New York · 1918
3Cited by6 opinions
- Kristt v. WhelanAppellate Division of the Supreme Court of the State of New York · 1957
- Lowe v. FeldmanNew York Supreme Court · 1957
- Scoville v. Surface Transit, Inc.New York Supreme Court · 1963
- Stanley v. Caltex Petroleum Corp.New York Supreme Court · 1970
- Shaw v. Atlantic Coast Life InsuranceCourt of Appeals of South Carolina · 1996
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