Barry v. Coville
New York Supreme Court
Appeal from special term, Onondaga county. Action by William Barry against Orson Coville and Gabriel A. Morris, impleaded with the Syracuse Bolt Company, for an accounting and reassignment'of certain patented inventions alleged to have been assigned by plaintiff to defendants Coville and Morris. By the instrument of October 2, 1884, referred to in the opinion, plaintiff assigned all his interest in certain patented inventions.
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Appeal from special term, Onondaga county. Action by William Barry against Orson Coville and Gabriel A. Morris, impleaded with the Syracuse Bolt Company, for an accounting and reassignment'of certain patented inventions alleged to have been assigned by plaintiff to defendants Coville and Morris. By the instrument of October 2, 1884, referred to in the opinion, plaintiff assigned all his interest in certain patented inventions. From an interlocutory judgment directing a reconveyance of such inventions to plaintiff on payment of his indebtedness to defendants, the latter appeal.
1Opinion of the CourtHarden, P. J.
Before the Code allowing legal and equitable remedies to be had in the same action, it was held that paroi evidence was admissible, independent of proof of fraud or mistake, to show that a deed, although absolute on its face, was in fact intended by the parties as a mortgage. Strong v. Stewart, 4 Johns. Ch. 167; Whittick v. Kane, 1 Paige, 202; Van Buren v. Olmstead, 5 Paige, 9; Lansing v. Russel,3 Barb. Ch. 325. Since the adoption of the Code of Procedure, it has been repeatedly held that paroi evidence is admissible in all classes of actions, whether legal or equitable, to show that a deed…
2Cases cited8 opinions
- Despard v. . WalbridgeNew York Court of Appeals · 1857
- Horn v. . KeteltasNew York Court of Appeals · 1871
- Williams v. . FitchNew York Court of Appeals · 1859
- Root v. . WrightNew York Court of Appeals · 1881
- Whittick v. KaneNew York Court of Chancery · 1828
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3Cited by3 opinions
- Thomas v. HerringSupreme Court of Pennsylvania · 1914
- McIntyre v. CostelloNew York Supreme Court · 1889
- Skenandoa Cotton Co. v. LeffertsNew York Supreme Court · 1891