Warth v. Kastriner
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles Eisenman, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Richmond on the 18th day of October, 1905, upon the verdict of a jury rendered by direction of the court after a trial at the Richmond Trial Term.
1Opinion of the Court
Hirschberg, P. J. :
The plaintiff sues as the successor in interest of Albin Warth, who died on May 7, 1892, leaving a last will and testament in which he bequeathed to her the rights and interests which she seeks to enforce in this action. The action is brought to recover royalties claimed to be due under the terms of a unilateral license contract dated April 15, 1892, signed by Albin Warth, but not signed by the defendants or either of them. The Statute of Frauds was not pleaded as a defense, and the judgment is based upon the ground that the appellant by accepting the contract and retaining…
2Cases cited6 opinions
- Crane v. . PowellNew York Court of Appeals · 1893
- Brauer v. . Oceanic Steam Navigation Co.New York Court of Appeals · 1904
- Hildebrant v. . CrawfordNew York Court of Appeals · 1875
- Honsinger v. MulfordNew York Supreme Court · 1895
- Pratt v. . ElkinsNew York Court of Appeals · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Huff v. C. K. Sanitary Systems, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
- In re the Estate of LancasterNew York Surrogate's Court · 1960
- Tepper v. TannenbaumNew York Supreme Court · 1976
- McCarthy v. StanleyAppellate Division of the Supreme Court of the State of New York · 1912
- In re the Probate of the Will ValenteNew York Surrogate's Court · 1959
3 more not listed; retrieve them via the Exa API.