Legal Opinion

Canet v. Smith

Appellate Division of the Supreme Court of the State of New York

Decided June 16, 1916PublishedCited by 7 opinions

Appeal by .the defendant, Higbie Smith, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 22d day of July, 1915, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 20thday of July, 1915, denying appellant’s motion for a new trial made upon the minutes, with notice of an intention to bring up for review an order entered in said clerk’s office on the same day…

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Appeal by .the defendant, Higbie Smith, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 22d day of July, 1915, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 20thday of July, 1915, denying appellant’s motion for a new trial made upon the minutes, with notice of an intention to bring up for review an order entered in said clerk’s office on the same day denying appellant’s motion to dismiss the complaint made at the close of plaintiff’s case.

1Opinion of the Court

Smith, J.:

The claim of the plaintiff as outlined in his amended complaint is upon an agreement with defendants “in consideration, of the plaintiff giving to the defendants certain secret processes, formulas and compounds, together with the .methods of the *242manufacture thereof and the elaborations of such formulas to be thereafter made by plaintiff, to pay to the plaintiff a reasonable amount from the profits to be realized from the sale of merchandise manufactured from the said secret processes, formulas and compounds and elaborations thereof as long as the said defendants continued to…

2Cases cited5 opinions

  1. Varney v. . DitmarsNew York Court of Appeals · 1916
  2. United Press v. . New York Press Co.New York Court of Appeals · 1900
  3. Bluemner v. GarvinAppellate Division of the Supreme Court of the State of New York · 1907
  4. Nilsson v. De HavenAppellate Division of the Supreme Court of the State of New York · 1900
  5. Terwilleger v. Ontario, Carbondale & Scranton RailroadNew York Supreme Court · 1893

3Cited by7 opinions

  1. Meaney v. Connecticut Hospital Ass'nSupreme Court of Connecticut · 1999
  2. Moreen v. Estate of CarlsonIllinois Supreme Court · 1937
  3. Pillois v. BillingsleyCourt of Appeals for the Second Circuit · 1950
  4. Davis v. General Foods CorporationDistrict Court, S.D. New York · 1937
  5. Boehm v. United Power Laundries, Inc.New York Supreme Court · 1928

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