New York Phonograph Co. v. Davega
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant,: Solomon B. Bavega, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 17th day of July, 1907, upon the decision of the court, rendered after a trial at the Westchester Special Term, among other things restraining the defendant, his agents, etc., from selling, leasing or using within the State of New York phonographs, etc., except when acting ás the…
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Appeal by the defendant,: Solomon B. Bavega, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 17th day of July, 1907, upon the decision of the court, rendered after a trial at the Westchester Special Term, among other things restraining the defendant, his agents, etc., from selling, leasing or using within the State of New York phonographs, etc., except when acting ás the plaintiff’s agent.
1Opinion of the Court
Miller, J.:
• The precise relation of the parties and their rights and obligations under the different contracts involved in somewhat complicated transactions must be ascertained before attempting to deal with the questions presented by this appeal. I shall content myself with a statement of my conclusions as to the effect of said contracts, so far as such conclusions seem to be obvious, and shall eliminate all details which do not appear to have an iñáportant bearing on the questions to be decided.
Prior to June 28, 1888, Thomas A. Edison, the inventor of the phonograph, organized and on that…
2Cases cited10 opinions
- People v. Globe Mutual Life InsuranceNew York Court of Appeals · 1883
- Keeler v. Standard Folding Bed Co.Supreme Court of the United States · 1895
- Standard Fashion Co. v. . Siegel-Cooper Co.New York Court of Appeals · 1898
- New York Bank Note Co. v. Hamilton Bank Note Engraving & Printing Co.New York Court of Appeals · 1905
- Lewis v. . GollnerNew York Court of Appeals · 1891
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Sillman v. Twentieth Century-Fox Film Corp.New York Court of Appeals · 1957
- Gate-Way, Inc. v. HillgrenDistrict Court, S.D. California · 1949
- Corvallis & Alsea River R. v. Portland E. & E. Ry. Co.Oregon Supreme Court · 1917
- Gonzales v. Kentucky Derby Co.Appellate Division of the Supreme Court of the State of New York · 1921
- Hugel v. HabelAppellate Division of the Supreme Court of the State of New York · 1909
4 more not listed; retrieve them via the Exa API.