Neenan v. Otis Elevator Co.
U.S. Circuit Court for the District of Southern New York
In Equity. Suit by Michael C. Neenan against the Otis Elevator Company. Decision for the defendant, but decree held in abeyance.
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In Equity. Suit by Michael C. Neenan against the Otis Elevator Company. Decision for the defendant, but decree held in abeyance. This is a bill in equity to compel the defendant to reassign to the complainant certain patents conveyed by him to it on the 24th day of May, 1904. The case turns almost wholly upon the construction of the contract, which provided, in substance, as follows: First, second, third, and fourth, that the complainant for $500 should assign to the defendant two existing patents and one patent then applied for, and granted on February 9, 1909; fifth, that on the 1st day of…
1Opinion of the CourtHand, District Judge
(after stating the facts as above). The complainant’s contention that the defendant has canceled the agreement under the right reserved in the eighth paragraph is certainly unfounded, and may be dismissed without serious consideration. This leaves as unperformed by the defendant the provision of the ninth and tenth paragraphs, and to determine whether it is in default on those paragraphs their meaning first must be determined. The ninth paragraph does not mean, as the complainant insists, that the defendant shall construct elevators each year whose royalty shall amount to $3,000. The guaranty…
2Cases cited3 opinions
- Kauffman v. RaederCourt of Appeals for the Eighth Circuit · 1901
- Howe v. Howe & Owen Ball Bearing Co.Court of Appeals for the Eighth Circuit · 1907
- Levy & Cohn Mule Co. v. KauffmanCourt of Appeals for the Fifth Circuit · 1902
3Cited by11 opinions
- In Re Waterson, Berlin & Snyder Co.Court of Appeals for the Second Circuit · 1931
- Oscar Barnett Foundry Co. v. CroweCourt of Appeals for the Third Circuit · 1915
- Watchorn v. Roxana Petroleum CorporationCourt of Appeals for the Eighth Circuit · 1925
- Ohio Citizens Trust Co. v. Air-Way Electric Appliance Corp.District Court, N.D. Ohio · 1944
- Driver-Harris Co. v. Industrial Furnace CorporationDistrict Court, W.D. New York · 1935
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