Craig of California v. Green

WILSON, J. Respondents move to dismiss the appeal from the judgment on the ground that it is not a final judgment and therefore not appealable.

Plaintiffs Craig of California, a corporation, hereinafter referred to as “Craig,” and Ella Groll, its sole stockholder, filed an action against defendants Green and Bleeck for declaratory relief. Defendants answered and Bleeck filed a cross-complaint against Craig and Groll on a promissory note made in favor of Green and assigned by him to Bleeck. Craig and Groll answered the cross-complaint. Green filed a separate action against Craig and Groll on a promissory note. They answered the complaint and set up affirmative defenses. The two actions were consolidated for the purpose of trial.

Judgment was rendered in the consolidated actions as follows:

1. In the action for declaratory relief (a) that plaintiffs Craig and Groll are entitled to an offset in the sum of $7,146.33 against any moneys found owing to Green and Bleeck; (b) that Craig and Groll are entitled to a further offset against any moneys found owing to Green or Bleeck covering reasonable attorneys’ fees, expenses and costs incurred by Craig in defending its rights to use the name “Craig” in an action in the United States District Court wherein Litt & Company, Incorporated, is plaintiff and Craig is defendant; that $150 per day is a reasonable attorney’s fee to be paid to the patent attorney employed by Craig to defend said action, and in the event special services are required of other attorneys for Craig in said action, then a reasonable amount of attorneys’ fees to Craig and Groll shall be allowed; (c) that in the event an affirmative judgment is obtained by Litt & Company, Incorporated, in the action in the United States court against Craig the amount of such affirmative judgment shall be allowed as a further offset against any moneys owing by Craig or Groll to Green or Bleeck; that the court retains jurisdiction in the event of dispute to determine the full and final amount to be charged [831]to Green and to be credited to Craig and Groll in connection with said litigation, and further reserves jurisdiction, in the event the offsets prescribed in the judgment are in excess of the amounts found to be owing to Green or Bleeek upon the notes involved in the within litigation, to enter an affirmative judgment, against Green for the total amount of such deficiency; (d) that in the event an affirmative judgment is obtained by the International Ladies’ Garment Workers Union, Local No. 266, in a matter in which a hearing on claims is pending, then the amount of such affirmative judgment shall be allowed as a further offset against any moneys owing by Craig or Groll to Green or Bleeek, together with attorneys’ fees, expenses and costs incurred by Craig in defending itself against the claims of the union, and in the event of an award in favor of the union against Craig then such award shall be allowed as a further offset against moneys found to be owing to Green or Bleeek, the court reserving jurisdiction in the event of a dispute to determine the exact amount of the offsets created by such allowances, and the court further reserving jurisdiction to declare an affirmative judgment against Green in the event there should be a deficiency between the total offset and the amounts allowed to Green and Bleeek on said promissory notes.