Wood v. . Duff-Gordon
New York Court of Appeals
Appeal from a judgment entered April 24, 1917 upon an order of the Appellate Division of the Supreme Court in the first judicial department, which reversed an order of Special Term denying a motion by defendant for judgment in her favor upon the pleadings and granted said motion. The nature of the action and the facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from a judgment entered April 24, 1917 upon an order of the Appellate Division of the Supreme Court in the first judicial department, which reversed an order of Special Term denying a motion by defendant for judgment in her favor upon the pleadings and granted said motion. The nature of the action and the facts, so far as material, are stated in the opinion. Assuming that the contract does not contain an express covenant and agreement on the part of the plaintiff to use his best endeavors and efforts to place indorsements, make sales or grant licenses to manufacture, nevertheless such…
1Opinion of the CourtCardozo, J.
The defendant styles herself “ a creator of fashions.” Her favor helps a sale. Manufacturers of dresses, millinery and like articles are glad to pay for a certificate of her approval. The things which she designs, fabrics, parasols and what not, have a new value in the public mind when issued in her name. She employed the plaintiff to help her to turn this vogue into money. He was to have the exclusive right, subject always to her approval, to place her indorsements' on the designs of others. He was also to have the exclusive right to place her own designs on sale, or to license others to…
2Cases cited12 opinions
- Moran v. . Standard Oil Co.New York Court of Appeals · 1914
- Russell v. . AllertonNew York Court of Appeals · 1888
- McCall Co. v. WrightAppellate Division of the Supreme Court of the State of New York · 1909
- Wilson v. . Mechanical Orguinette Co.New York Court of Appeals · 1902
- Mueller v. Bethesda Mineral Spring Co.Michigan Supreme Court · 1891
7 more not listed; retrieve them via the Exa API.
3Cited by560 opinions
- Murphy v. American Home Products Corp.New York Court of Appeals · 1983
- Toussaint v. Blue Cross & Blue ShieldMichigan Supreme Court · 1980
- Sharp v. KosmalskiNew York Court of Appeals · 1976
- Perma Research and Development Company v. The Singer CompanyCourt of Appeals for the Second Circuit · 1969
- Sabetay v. Sterling Drug, Inc.New York Court of Appeals · 1987
555 more not listed; retrieve them via the Exa API.