From Casetext: Smarter Legal Research

Matter of Small v. Gibbs Press Inc.

Appellate Division of the Supreme Court of New York, Third Department
Nov 1, 1927
222 App. Div. 699 (N.Y. App. Div. 1927)

Opinion

November, 1927.

Appeal from State Industrial Board.


The deceased was an employee before he was appointed secretary. After his appointment there was no change in his duties except "to sign minutes of meetings" and there was no change in his salary. He was not a stockholder. Section 54, subdivision 6, of the Workmen's Compensation Law applies only to executive officers of corporations. Some significance must be given to the word "executive." The officers indicated in the statute are such as have power to guide or control the policies or purposes of the corporation or to represent it in a proprietary sense. This employee had no more executory power in reference to the corporation after he became secretary than he had before. His office was purely nominal. He might just as appropriately have been called a clerk or by some other name, as secretary. It is not the designation under which one is known, but the nature of his duties which characterize him as an "executive" officer. We think this employee was not an executive officer within the meaning of the statute. The award should be affirmed, with costs to the State Industrial Board. Cochrane, P.J., Van Kirk, Hinman, Davis and Whitmyer, JJ., concur. Award affirmed, with costs to the State Industrial Board.

Amd. by Laws of 1926, chap. 258. — [REP.


Summaries of

Matter of Small v. Gibbs Press Inc.

Appellate Division of the Supreme Court of New York, Third Department
Nov 1, 1927
222 App. Div. 699 (N.Y. App. Div. 1927)
Case details for

Matter of Small v. Gibbs Press Inc.

Case Details

Full title:In the Matter of the Claim of NELLIE S. SMALL, Respondent, against GIBBS…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Nov 1, 1927

Citations

222 App. Div. 699 (N.Y. App. Div. 1927)

Citing Cases

Matter of Levey v. Leo Newman's Theatre Tkt. off

He owned no stock and his relation with the corporation was that of an employee. He could not waive his…

Carson v. State Indus. Acc. Comm

The corporate records are not conclusive of the matter. We have found no case squarely in point, but Small v.…