Bezer v. Hall Signal Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Hall Signal Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 24th day of April, 1897, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 28th day of April, 1897, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hatch, J.:
The complaint in this action is attacked as failing to state a cause of action. The ground of the attack is that no consideration is stated which imposed any liability upon the defendant. - The averments of the complaint in this particular are these: That on or about the 3d day of December, 1892, the defendant entered into a written contract with the plaintiff, whereby, in consideration of an exclusive license given by the plaintiff to the defendant to use certain inventions of the plaintiff, the defendant promised and agreed to pay to the plaintiff, from and after the 4th day of…
2Cases cited4 opinions
- Littlefield v. PerrySupreme Court of the United States · 1875
- Hendrie v. SaylesSupreme Court of the United States · 1879
- Woodworth v. WeedU.S. Circuit Court for the District of Northern New York · 1846
- Linington v. StrongIllinois Supreme Court · 1878
3Cited by5 opinions
- Fairchild v. City & County Contract Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Hamilton v. Park & McKay Co.Michigan Supreme Court · 1900
- Bernard v. Golden Gate Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1919
- Kimmig v. TalmadgeAppellate Division of the Supreme Court of the State of New York · 1931
- Mid-Continent Films, Inc. v. Essanjay Films, Inc.Appellate Court of Illinois · 1962