Dalzell v. Fahys Watch-Case Co.
The Superior Court of the City of New York and Buffalo
Appeal from special term. Action by Allen O. Dalzell against the Fahys Watch-Case Company to recover one-half of the net profits said to have been realized by defendant from the manufacture and sale of crowns for stem-winding watches. From an order denying plaintiff’s motion for discovery and inspection of defendant’s books, plaintiff appeals.
1Opinion of the CourtMcAJDAM, J.
The action is to recover $75,000 for failure to pay over to the plaintiff one-half of the net profits said to have been realized by the defendant from the manufacture and sale of “crowns,” which is that part of the exterior of the watch cáse which is corrugated and turned in stem-winding watches. The right and extent of the recovery claimed depend upon certain written 'agreements. Whether the action be denominated one in equity for an accounting, or at common law for the breach, the damages recoverable are substantially the same, and the taking and stating of an account necessary to reach a…
2Cases cited4 opinions
- White v. MunroeNew York Supreme Court · 1861
- Hart v. Ogdensburg & Lake Champlain RailroadNew York Supreme Court · 1893
- Commercial Bank v. DunhamNew York Supreme Court · 1856
- Van Zandt v. CobbNew York Supreme Court · 1855