Reilly v. Waterson, Berlin & Snyder Co. 235 N.Y. 580

Elizabeth A. Reilly, Appellant, v. Waterson, Berlin & Snyder Co., Respondent.

Contract — guaranty — action to recover royalties — defense of breach of contract.

Reilly v. Waterson, Berlin & Snyder Co., 202 App. Div. 634, affirmed.

(Argued January 25, 1923;

decided March 23, 1923.)

Appeal from a judgment, entered July 27/1922, upon an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 27, 1922, reversing a judgment in favor of plaintiff entered upon a verdict directed by the court and directing a dismissal of the complaint. The action was to recover upon a contract whereby it was alleged defendant guaranteed the payment of certain minimum royalties to plaintiff’s assignor. The defense was breach of contract on the part of said assignor.

Joseph Walter Magrauth, Dennis F. O’Brien and Arthur F. Driscoll for appellant.

Charles H. Tuttle, Carl E. Peterson and Thomas F, MacMahon for respondent.