Evidence of Hanukah and Christmas in Published Decisions

I recently found some evidence of Christmas and Hanuka in a few published decisions. For example, in the 1890's, an employer had always given his employee a $2,500 Christmas gift. Then he raised the employee’s salary. At Christmas the annual gift was given again. The employee said thanks and the boss said he was glad the employee was pleased. Later, the boss told a bookkeeper to charge the check back to the employee. The employee questioned the deduction and the boss said he had forgotten the new salary and had not intended a $2,500 gift on top of the raise. The employee sued. New York’s highest court called this case peculiar, saying it was clear the employer intended to give a Christmas gift and clear the boss later realized his mistake. But when the boss handed over an envelope with $2,500 and expressed good wishes, all the elements of a gift were present: intent to give, and delivery of the gift. The court ruled for the employee in Pickslay v. Starr, (1896) 44 N.E.163. In another Christmas case, the Illinois Supreme Court in Dow & Hurd v. Phillips (1860) 24 Ill. 249 reprints telegrams between partners. This case is a good read for whoever thinks only the internet created long back-and-forth message strings. The last of the series, a Christmas Day message, directs the partner to send a third party $300, followed by “Merry Christmas.” It is the first “Merry Christmas” in reported American decisions. But not so merry for the defendant who sent the message and tried to avoid liability. The court found them obligated to pay. The 150 year-old communications read like today’s email strings. Hanukkah dates back 2,100 years, but it was not in a published decision until 1962. Mr. Oxenhandler suggested that a bank create a Hanukah Savings Plan, like Christmas Clubs already available to the public. The bank did so. Oxenhandler thought he should be paid for the good idea but the evidence showed five other banks had Hanukah savings plans. Because the idea was not novel, the claim was denied. Oxenhandler v. Dime Savings Bank (1962) 227 N.Y.S.2d 642. If you know of any other interesting decisions revolving around these holidays, please post.

HAPPY HOLIDAYS!