Russell Hardware & Implement Manufacturing Co. v. Utica Drop Forge & Tool Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the. Utica Drop Forge and Tool Company, from a final judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Oneida on the 27th day of Hovember, 1905, with notice of an intention to bring up for review, upon such appeal an interlocutory judgment entered in said clerk’s office on the 21st day of February, 1905. The action was brought for an accounting upon a contract made between the parties whereby…
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Appeal by the defendant, the. Utica Drop Forge and Tool Company, from a final judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Oneida on the 27th day of Hovember, 1905, with notice of an intention to bring up for review, upon such appeal an interlocutory judgment entered in said clerk’s office on the 21st day of February, 1905. The action was brought for an accounting upon a contract made between the parties whereby the defendant agreed to pay certain royalties for manufacturing and selling a.certain staple' puller which theretofore…
1Opinion of the Court
Kruse, J.:
The plaintiff, a foreign corporation organized under the laws of the State, of Missouri, was engaged in the business .of manufacture ing and selling the Russell staple puller, a device for pulling staples-. It was located and commenced manufacturing the device at Kansas City in October, 1895, it having become the owner of letters patent granted to inventor of said device. It continued the business lintil Janüary 11, 1900. The device was extensively advertised by the plaintiff, all of the profits of the business having been spent for'that purpose, and it became widely known and had a…
2Cases cited3 opinions
- Doyle v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1893
- Standard Fashion Co. v. Siegel-Cooper Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Kirkwood v. SmithAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by1 opinion
- Russell Hardware & Implement Manufacturing Co. v. Utica Drop Forge & Tool Co.Appellate Division of the Supreme Court of the State of New York · 1907