Keller v. West, Bradley & Cary Manufacturing Co.
New York Supreme Court
Appeal from a judgment, entered upon the report of a referee. It appeared that the plaintiff, Henry Waterman, had received letters patent from 'the United States for a process of hardening and tempering wire.
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Appeal from a judgment, entered upon the report of a referee. It appeared that the plaintiff, Henry Waterman, had received letters patent from 'the United States for a process of hardening and tempering wire. He assigned his right, title and interest, derived from such letters, to Charles M. Keller, in I860. The assignment to Keller was in fact in trust to enable him to grant licenses to persons desirous of using the invention, and to collect royalties for such use and pay them over to the plaintiff Waterman. After the assignment to Keller, and in November of the year 1865, he entered into an…
1Opinion of the Court
Daniels, J.:
The judgment or decision made in the action directed an accounting by the defendant of the royalties for wire hardened and tempered by it, from the 1st of October, 1871, to the 24th of August, 1872, by the use of a patented invention made by I. Washburn and P. L. Moen, and assigued in trust to the testator. The action has been before this court on a previous occasion, and in its controlling features does not very materially differ from the case as it was then made to appear.
Before this corporation was formed, the copartnership firm of West, Bradley & Cary were engaged in the same…
2Cases cited11 opinions
- Elwood v. . the Western Union Telegraph Co.New York Court of Appeals · 1871
- Atlantic Dock Co. v. . LeavittNew York Court of Appeals · 1873
- Marquand v. WebbNew York Supreme Court · 1819
- Skinner v. DaytonNew York Supreme Court · 1822
- Marsh v. . DodgeNew York Court of Appeals · 1876
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