Sanders v. Barnaby
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Kenneth T. Barnaby, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 23d day of Juné, 1915, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 28th day of July, 1915, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Smith, J.:
Plaintiff is the president of Sanders-Wilson-Bamaby, Incorporated. He sues upon an assignment from this corporation of the claim in question, but for the benefit of the corporation itself. The action is based upon an agreement made upon July 23, 1914, between the plaintiff and one William Wilson, Jr., as parties of the first part, and the defendant as party of the second part. The agreement recited that the parties of the first part had the sole and exclusive selling and distributing rights of a certain patented device known as “The Dann Oil Cushion Spring Insert ” in certain of the…
2Cases cited1 opinion
- Sanders v. BarnabyAppellate Division of the Supreme Court of the State of New York · 1915
3Cited by1 opinion
- Moak v. VetAppellate Division of the Supreme Court of the State of New York · 1927