Levy v. Louis Kram, Inc.

The trial court should not have directed a verdict in favor of defendant. The question as to whether the alleged agreement between plaintiffs’ testator (hereinafter referred to as plaintiff) and defendant was illegal and in violation of section 439 of the Penal Law was one of fact for the jury.

Plaintiff, a buyer employed by the Metropolitan Tobacco Company, made an agreement with defendant, an advertising agency, to secure for defendant advertising contracts from large tobacco concerns who were customers of plaintiff’s employer. In consideration, plaintiff was to receive a percentage of…