Educational Films Corp. v. Lincoln & Parker Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Educational Films Corporation, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 3d day of May,. 1920, denying the plaintiff’s motion to vacate an order for the examination before trial of George A. Skinner, president of the plaintiff company.
1Opinion of the Court
Dowling, J.:
This action is brought to recover damages for breach of a contract for the exclusive right, license and privilege to manufacture, revise, reedit and readapt, from negatives to be loaned by plaintiff to Lincoln & Parker Co., Inc., narrow width and specially perforated films. The defendant Globe Indemnity Company executed a surety bond for the performance of the contract for the period of one year.
The answer of the Globe Indemnity Company contained a general denial and set up two separate and distinct defenses: (1) That Lincoln & Parker Co., Inc., failed to select certain negatives…
2Cases cited2 opinions
- Jacobs v. Mexican Sugar Refining Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Shumaker v. Doubleday, Page & Co.Appellate Division of the Supreme Court of the State of New York · 1906
3Cited by1 opinion
- Rittenberg v. BarrettCity of New York Municipal Court · 1921