17 N.Y.S. 646 | N.Y. Sup. Ct. | 1892
On the 10th day of April, 1882, the parties to this action made a written agreement by which, among other things, the defendant agreed to pay to the plaintiff $500 a month as royalties for the exclusive right to use certain patents and patent devices in relation to knit fabrics, and this action is brought to recover $3,000 for such unpaid royalties. Before the commencement of this action the plaintiff brought a suit against the defendant for the recovery of royalties under the same agreement, to which the defendant interposed no defense, and judgment was entered in favor of the plaintiff by default for over $11,000. Now, the defendant claims to have evidence sufficient to show that the agreement under which the plaintiff
All concur.