Bennett v. Iron Clad Manufacturing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Iron Clad Manufacturing Company, from a judgment of the Supreme Court, in favor of the plaintiff, entered in the office of the clerk of the county of Herkimeron the 10th day of December, 1906, upon the verdict of á jury, rendered by direction of the court after a trial at the Herkimer Trial- Term, and also from an order entered in said clerk’s office on the 6th day of December, 1906, denying the defendant’s motion for a new trial made upon the…
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Appeal by the defendant, the Iron Clad Manufacturing Company, from a judgment of the Supreme Court, in favor of the plaintiff, entered in the office of the clerk of the county of Herkimeron the 10th day of December, 1906, upon the verdict of á jury, rendered by direction of the court after a trial at the Herkimer Trial- Term, and also from an order entered in said clerk’s office on the 6th day of December, 1906, denying the defendant’s motion for a new trial made upon the minutes.
1DissentMcLennan, P. J.
Before the commencement of this action there- had been a final judicial determination as to what metal baskets' manufactured by the defendant entitled the plaintiff to a royalty under the terms .of a contract entered into by the parties. By the terms of such contract the plaintiff furnished the tools and dies to the defendant to enable it to manufacture, the baskets which are the subject of this controversy. In' such prior action, the judgment in which was affirmed, by this court (90 App. Div. 611), there was' absolutely no ' dispute but that the baskets manufactured by the defendant were…
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- Bennett v. Iron Clad Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1906