Bristol v. Equitable Life Assurance Society
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made March 29, 1889, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made March 29, 1889, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. This action was brought to obtain an accounting and recover compensation for communicating to defendant a new system for soliciting life insurance, which plaintiff alleged, after a confidential disclosure thereof by him in a letter requesting employment, was adopted by defendant and used without his knowledge, and the use was continued,…
1Opinion of the CourtLandon, J.
Assuming, without deciding, that if the defendant has wrongfully appropriated, or converted to its own use, the plaintiff’s property, or infringed upon his property rights or privileges, and has, without right, made use of them, it ought to respond to the plaintiff for such use, and should ren der an account to him respecting the same, the question arises upon this complaint whether the subject of the appropriation and use constituted property or property rights of the plaintiff.
The plaiiitiff does not allege that he was the exclusive possessor of the system. His letter to the defendant…
2Cases cited1 opinion
- Peabody v. NorfolkMassachusetts Supreme Judicial Court · 1868
3Cited by72 opinions
- Matarese v. Moore-McCormack Lines, Inc.Court of Appeals for the Second Circuit · 1946
- Weitzenkorn v. LesserCalifornia Supreme Court · 1953
- Ferroline Corp. v. General AniLine & Film Corp.Court of Appeals for the Seventh Circuit · 1953
- Dior v. MiltonNew York Supreme Court · 1956
- Krisel v. DuranDistrict Court, S.D. New York · 1966
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