Karst v. Prang Educational Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Prang Educational Company, from an order of the Supreme Court, made at the Mew York Special Term and entered in the office of the clerk of the county of Mew York on the 23d day of February, 1909, denying the defendant’s motion to strike the action from the Special Term calendar.
1Opinion of the Court
Laughlin, J.:
The motion was made upon the theory that this is an action at law and not á suit, in equity. The complaint states facts showing a cause of action at law only, but it demands only equitable relief.
The plaintiff sues.on ah express contract for the payment of'royalties on the sale of certain books. The contract fixes his royalties at two per cent of the net wholesale price of all books falling within the terms of the contract sold by the defendant. The plaintiff had a copyright interest in the publications, but he sold and assigned the same to the assignor of the defendant and to…
2Cases cited9 opinions
- Davis v. . MorrisNew York Court of Appeals · 1867
- Smith v. . BodineNew York Court of Appeals · 1878
- McNulty v. Mount Morris Electric Light Co.New York Court of Appeals · 1902
- Moore v. CoyneAppellate Division of the Supreme Court of the State of New York · 1906
- Everett v. De FontaineAppellate Division of the Supreme Court of the State of New York · 1903
4 more not listed; retrieve them via the Exa API.