Herzog v. . Heyman
New York Court of Appeals
Appeal from so much of an order and judgment of the General Term of the Superior Court of the city of Hew York, entered June 14, 1894, as modified an order and judgment of Special Term by overruling the plaintiffs’ demurrer to the defense, consisting of new matter, set forth in the seventh paragraph of the answer of defendant Hey man, and vacating an award of costs to plaintiffs.
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Appeal from so much of an order and judgment of the General Term of the Superior Court of the city of Hew York, entered June 14, 1894, as modified an order and judgment of Special Term by overruling the plaintiffs’ demurrer to the defense, consisting of new matter, set forth in the seventh paragraph of the answer of defendant Hey man, and vacating an award of costs to plaintiffs. This action was brought to recover royalties alleged to be due under an agreement, in writing, made in April, 1888, whereby plaintiffs permitted defendants to manufacture and. sell filters under letters patent owned…
1Opinion of the Court
Andrews, Ch. J.
The agreement of April, 1888, was, in its main purpose, an agreement for the sale by the plaintiffs to the defendants of the patent Ho. 367,212, for an improved filter, issued by the United States to one Klein, July 26th, 1887, which had been assigned by the patentee to the plaintiffs. The agreement of the defendants to pay to the plaintiffs a royalty of fifty dollars on each machine which should, be sold by them was the consideration which the plaintiffs were to receive for the sale and assignment of the patent. The contingency which would change the obligation of the…
2Cases cited2 opinions
- Marston v. . SwettNew York Court of Appeals · 1876
- Hyatt v. . IngallsNew York Court of Appeals · 1891
3Cited by21 opinions
- Zenith Laboratories, Inc., on Behalf of Itself and All Others Similarly Situated v. Carter-Wallace, IncCourt of Appeals for the Third Circuit · 1976
- Warner-Lambert Pharmaceutical Co. v. John J. Reynolds, Inc.District Court, S.D. New York · 1959
- Automatic Radio Mfg. Co. v. Hazeltine Research, Inc.Court of Appeals for the First Circuit · 1949
- H. C. White Co. v. Morton E. Converse & Son Co.Court of Appeals for the Second Circuit · 1927
- Drackett Chemical Co. v. Chamberlain Co.Court of Appeals for the Sixth Circuit · 1933
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