Goldsmith v. Loeb
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Charles P. Goldsmith, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 29th day of June, 1917, upon a dismissal of the complaint by direction of the court upon the opening on the ground that the complaint does not state a cause of action.
1Opinion of the Court
Smith, J.:
The plaintiff and defendant were copartners in the jewelry business. They also held a license from one Fischer, who was an inventor of a clutch for a pin. The partnership had existed from 1901 — beyond the date provided in the articles of copartnership —by consent of the parties. The defendant apparently conceived the idea of breaking up the partnership which would authorize the patentee to revoke the license and then of obtaining the license for his own benefit. He, therefore, went to the patentee and got an agreement to give to a dummy for him the license for ten years from such…
2Cases cited4 opinions
- Mitchell v. . ReedNew York Court of Appeals · 1874
- Struthers v. . PearceNew York Court of Appeals · 1873
- Kelly v. . DelaneyNew York Court of Appeals · 1912
- Kelly v. DelaneyAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by3 opinions
- Poss v. GottliebAppellate Terms of the Supreme Court of New York · 1922
- Dalury v. RezinasAppellate Division of the Supreme Court of the State of New York · 1918
- FOUCHEK v. JanicekOregon Supreme Court · 1950