Kleb v. Wallach
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Samuel Wallach and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 25th day of March, 1896, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 3d day of April, 1896, denying the defendants’ motion for a -new trial made upon the minutes.
1Opinion of the Court
Barrett, J. :
The plaintiff claimed compensation for the use by the defendants of certain designs in jewelry articles invented by him.- He was a workman in the employ of the defendants, and he avers that the designs in question were invented at odd hours, outside of his regular hours of work, and upon Sundays. There were two questions in the case, fii'si, whether there was an implied promise on the part of the defendants to pay for the use of these designs; and. second, what was the reasonable value of such use.
The plaintiff was in the defendants’ employ. ' There was no express agreement to…
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