1 Misc. 2d 624 | N.Y. Sup. Ct. | 1956
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.
The defendant, having accepted employment by the plaintiff, must accept the limitation placed upon such employment as indicated by the public policy of the State, as set forth in section 439 of the Penal Law. This statute flatly forbids a purchasing agent from receiving from a seller any gratuities. The matter of knowledge or consent of the employer is eliminated from the transaction (People v. Davis, 160 N. Y. S. 769, 777). “ The statute is zealous to hanish the very appearance of evil, and requires of such an agent complete and unswerving devotion to his one master. Business experience demonstrates the necessity for such a statutory bulwark of fidelity. Without such a statute, under the fierce competition of modern life, purchasing agents and agents to employ labor can be lured all too readily into the service of hopelessly conflicting interests. * * Sound public policy, commercial honor, and the good faith of fiduciaries and trusted employes imperatively demand some such measure in the written law.” ,
The defendant, having concededly accepted gratuities in the sum of $12,500, must return such gratuities to her employer, for such moneys must be deemed to have been had and received on behalf of the plaintiff.
Judgment is directed in favor of the plaintiff in the sum of $12,500, without costs or disbursements.