Born v. . Schrenkeisen
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made May 3, 1886, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial without a jury. The nature of the action and the material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made May 3, 1886, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial without a jury. The nature of the action and the material facts are stated in the opinion. As the court does not say in any finding that the parties misunderstood the papers which they signed, or acted under a mutual mistake, a reformation of the contract could not be had. (Nevens v. Dunlap, 33 N. Y. 676 ; Story’s Eq. Jur. 157 ; Lyman v. Utica Ins. Co., 17 Johns. 373; Mead…
1Opinion of the CourtEarl, J.
The plaintiff instituted this action to recover the amount of royalties claimed to be due from the defendants upon an assignment of a patent. The invention was a folding chair, and the patent therefor was issued June 27, 1876, and the plaintiff assigned the patent to the defendants October seventh of the same year. The assignment was absolute in form and purported to be in consideration of $1,200 and a royalty of seventy-five cents on each chair manufactured under the patent. At the same time the defendants gave to the plaintiff a license to make, use and sell folding chairs under the patent…
2Cases cited2 opinions
- Pitcher v. . HennesseyNew York Court of Appeals · 1872
- Roehner v. . Knickerbocker Life Ins. Co.New York Court of Appeals · 1875
3Cited by89 opinions
- W.W.W. Associates, Inc. v. GiancontieriNew York Court of Appeals · 1990
- Susquehanna Steamship Co. v. A. O. Andersen & Co.New York Court of Appeals · 1925
- Harris v. UhlendorfNew York Court of Appeals · 1969
- Nash v. KornblumNew York Court of Appeals · 1962
- Hart v. BlabeyNew York Court of Appeals · 1942
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