
    Ethel Pauline Westwood, Plaintiff, v. Model Brassiere Company, Defendant.
    Supreme Court, New York County,
    April 6, 1928.
    Account — right of action — fiduciary relationship — complaint alleging that plaintiff intrusted defendant with full description of invention in order to obtain letters patent and that defendant abused confidence states cause of action.
    A complaint alleging that plaintiff intrusted defendant with the full description of her invention for the purpose of obtaining letters patent in plaintiff’s name states a good cause of action in equity for an accounting. Defendant’s abuse of the confidence reposed in it entitled plaintiff to sue in equity, the allegations of the complaint having established a fiduciary relationship.
    Motion by defendant to dismiss complaint on ground that on face thereof it does not state facts sufficient to constitute a cause of action.
    
      Maurice B. & Daniel W. Blumenthal, for the plaintiff.
    
      Briesen & Schrenk [ Thomas McErlean of counsel], for the defendant.
   Fbankenthaleb, J.

According to the allegations of the complaint plaintiff intrusted defendant with a full description of her invention, together with drawings, samples and sketches, for the purpose of enabling defendant to apply for letters patent in the name of plaintiff. A fiduciary relationship was thereby established (Marvin v. Brooks, 94 N. Y. 71) and the defendant’s abuse of the confidence reposed in it entitles plaintiff to sue in equity for an accounting. The motion to dismiss the complaint is accordingly denied.

Order signed.  