Arnold v. Norfolk & New Brunswick Hoslery Co.
New York Supreme Court
Appeal from special term, Westchester county. Action by Anna M. Arnold against the Norfolk & New Brunswick Hosiery Company on a license agreement whereby defendant bound itself, upon certain representations made by plaintiff’s husband, agent and inventor, to pay royalties for the use of certain patents.
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Appeal from special term, Westchester county. Action by Anna M. Arnold against the Norfolk & New Brunswick Hosiery Company on a license agreement whereby defendant bound itself, upon certain representations made by plaintiff’s husband, agent and inventor, to pay royalties for the use of certain patents. From an order opening defendant’s default, setting aside the judgment entered thereon, and permitting defendant to interpose an affirmative defense of fraud on which it demands a cancellation of the license agreement sued on, plaintiff appeals.
1Opinion of the CourtCullen, J.
This is an appeal from an order setting aside a judgment against the defendant entered by default for $11,077.25, and giving the defendant leave to answer. Two similar applications had previously been made- and denied. No terms were Imposed by the court at special term. It would hardly be profitable to recite the facts under which this default was suffered,, long narratives of which are given in the papers on each side. The loches of the defendant were great. It certainly deserved much and probably all the-censure passed upon it in the opinion of Mr. Justice Bartlett denying the first motion…
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