Gonzales v. Kentucky Derby Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Isidor Reichenthaler, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 10th day of January, 1921, upon the decision of the court rendered after a trial at the Kings Special Term. The Kentucky Derby Company, Inc., manufactured a game or device known as the “ Kentucky Derby.”
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Appeal by the defendant, Isidor Reichenthaler, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 10th day of January, 1921, upon the decision of the court rendered after a trial at the Kings Special Term. The Kentucky Derby Company, Inc., manufactured a game or device known as the “ Kentucky Derby.” It consisted of a mechanism by which miniature horses were driven along a miniature race course by the operation of machinery controlled by the patrons of the game. The background or scenery of the game,…
1Opinion of the Court
Blackmar, P. J.:
The primary controverted question of fact is whether the game “ Over the Top ” is the same as the “ Kentucky Derby ” *280game. There are several findings that the games are alike or “ similar ” or “ corresponding; ” but such findings are irrelevant. The judgment can be supported only by a finding of fact that the game called “ Over the Top,” sold to defendant Reichenthaler, is the “ Kentucky Derby ” game or device. However, we think that the required fact appears in finding 21, and to this we add a finding of fact that the game “ Over the Top ” is the “ Kentucky Derby ” game or…
2Cases cited11 opinions
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- Continental Store Service Co. v. . ClarkNew York Court of Appeals · 1885
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