PUERTO-RICAN AMER. RUM CORP. v. MACY & CO.


280 A.D. 565 (1952)

Puerto-Rican American Rum Corp., Plaintiff, v. R. H. Macy & Co., Inc., Defendant

Appellate Division of the Supreme Court of the State of New York, First Department.

October 14, 1952.


Attorney(s) appearing for the Case

Benjamin Solovay of counsel (John C. Ferlaino, attorney), for plaintiff.

Thomas V. Kelly of counsel (William J. O'Donnell with him on the brief; Thomas Marshall Green, attorney), for defendant.

PECK, P. J., COHN and BREITEL, JJ., concur.


DORE, J.

In this submission of controversy on an agreed statement of facts under sections 546-548 of the Civil Practice Act, plaintiff contends it is entitled to an accounting of all defendant's profits in the sale of 2,550 cases of rum; defendant contends that the agreed facts establish no basis to entitle plaintiff to an accounting for profits or any relief and asks for judgment against plaintiff dismissing...

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