Appellate Division of the Supreme Court of New York, 1901

Cane v. State

Cane v. State
Appellate Division of the Supreme Court of New York · Decided June 28, 1901
71 N.Y.S. 1134 (New York Supplement)
Cane v. State

Opinion of the Court

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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