Legal Opinion
Gearns v. Commercial Cable Co.
New York Court of Appeals
Decided June 14, 1944PublishedCited by 20 opinions
1Opinion of the CourtLewis, J.
In 1905 the defendant made available to certain classes of its permanent employees a plan for pensioned retirement. That plan was subject to specific limitations, including the following: “ 17. No pension or gratuity shall be paid except out of the profits of the Company and no pension or gratuity or claim thereto shall b¿ a charge upon or against or payable out of any of the capital assets of the Company(Italics supplied.) Our present problem involves chiefly the interpretation of the word “ profits ” as used in the provision quoted above.
In accord with the provisions of the 1905 pension…
2Cases cited8 opinions
- City of Knoxville v. Knoxville Water Co.Supreme Court of the United States · 1909
- Brown v. . SpohrNew York Court of Appeals · 1904
- Greene v. . GreeneNew York Court of Appeals · 1891
- People Ex Rel. Jamaica Water Supply Co. v. State Board of Tax CommissionersNew York Court of Appeals · 1909
- Hartigan v. . Casualty Co. of AmericaNew York Court of Appeals · 1919
3 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- In Re the Arbitration Between Western Union Telegraph Co. & American Communications Ass'nNew York Court of Appeals · 1949
- Schmidt v. Magnetic Head Corp.Appellate Division of the Supreme Court of the State of New York · 1983
- Fadden v. Cambridge Mutual Fire InsuranceNew York Supreme Court · 1966
- Kristt v. WhelanAppellate Division of the Supreme Court of the State of New York · 1957
- City of New York v. Pullman Inc.District Court, S.D. New York · 1979
15 more not listed; retrieve them via the Exa API.