Dalzell v. Fahy's Watch Case Co.
The Superior Court of New York City
Appeal from order denying plaintiff’s motion for discovery and inspection of defendant’s books.
1Opinion of the CourtMcAdam, J.
The action is to recover $175,000 for failure to pay over to the plaintiff oue-lmlf of the net profits said to have been realized by the defendant from the manufacturo and sale of “crowns,” which is that part of the exterior of the watch case which is corrugated and turned in stem winding watches. The right and extent of the recovery claimed depend upon certain written agreements. Whether the action be denominated one in equity for an accounting, or at common law for the breach, the damages recoverable arc substantially the same, and the taking and stating of an account necessary to reach a…
2Cases cited3 opinions
- White v. MunroeNew York Supreme Court · 1861
- Commercial Bank v. DunhamNew York Supreme Court · 1856
- Van Zandt v. CobbNew York Supreme Court · 1855