Judgment affirmed, with costs, on opinion of Scott, J., below.
Concur: Cullen, Ch. J., Guay, Haight, Vann, Weeneb and Chase, JJ.
Boyer v. Metropolitan Sewing Machine Co., 128 App. Div. 458, affirmed.
(Argued October 18, 1910;
decided November 15, 1910.)
Appeal from a judgment entered July 31, 1909, upon an order of the Appellate Division of the Supreme Court in the first judicial department, affirming an interlocutory judgment *594in favor of plaintiff, entered upon a decision of the court on trial at Special Term in an action to compel a reassignment of a certain invention and of certain patent rights for the reason of a failure to pay royalties and for an accounting.
Louis Marshall for appellant.
Benja/min N. Cardozo for respondent.
Judgment affirmed, with costs, on opinion of Scott, J., below.
Concur: Cullen, Ch. J., Guay, Haight, Vann, Weeneb and Chase, JJ.
199 N.Y. 593
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