
    William H. Boyer, Respondent, v. Metropolitan Sewing Machine Company, Appellant.
    
      Boyer v. Metropolitan Sewing Machine Co., 128 App. Div. 458, affirmed.
    (Argued October 18, 1910;
    decided November 15, 1910.)
    Appeal from a judgment entered July 31, 1909, upon an order of the Appellate Division of the Supreme Court in the first judicial department, affirming an interlocutory judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term in an action to compel a reassignment of a certain invention and of certain patent rights for the reason of a failure to pay royalties and for an accounting.
    
      Louis Marshall for appellant.
    
      Benja/min N. Cardozo for respondent.
   Judgment affirmed, with costs, on opinion of Scott, J., below.

Concur: Cullen, Ch. J., Guay, Haight, Vann, Weeneb and Chase, JJ.  