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Cane v. State

71 N.Y.S. 1134 Court N.Y. App. Div. Decision date 1901-06-28 English

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p. 1134
CANE et al. v. STATE.
(Supreme Court, Appellate Division, Third Department.
June 28, 1901.)

Headnote

Action by Henry W. Cane and others against the state of New York. From a judgment in favor of defendant, plaintiffs appeal. Modified.

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.