Cane v. State

Appellate Division of the Supreme Court of New York

Cane v. State

71 N.Y.S. 1134

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 28, 1901

StatusPublished

This text of 71 N.Y.S. 1134 (Cane v. State) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cane v. State, 71 N.Y.S. 1134 (N.Y. Ct. App. 1901).

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Opinion

PER CURIAM.

In our judgment the claimants should have received 12% per cent, upon the sum of $130,000, the amount at which the manufactured goods could have been sold by the claimants, except for the exaction hy the state of its 10 per cent, profit. This exaction was unwarranted, because of the state’s infringement of its contract by persisting in tagging the goods “Prison Made,” and thus preventing a sale at a fair price. Judgment modified, so as to give the claimants $16,250, and, as thus modified, affirmed, without costs to -either party.

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PER CURIAM.

In our judgment the claimants should have received 12% per cent, upon the sum of $130,000, the amount at which the manufactured goods could have been sold by the claimants, except for the exaction hy the state of its 10 per cent, profit. This exaction was unwarranted, because of the state’s infringement of its contract by persisting in tagging the goods “Prison Made,” and thus preventing a sale at a fair price. Judgment modified, so as to give the claimants $16,250, and, as thus modified, affirmed, without costs to -either party.

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Bluebook (online)

71 N.Y.S. 1134, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cane-v-state-nyappdiv-1901.