Nickelson v. Wilson
New York Supreme Court
Appeal by plaintiff from a judgment dismissing the complaint. The action was brought in Lewis county by William B. Nickelson against George A. Wilson to compel the assignment of a judgment recovered by Wilson against plaintiff and one Scott. In 1868 the plaintiff owned a patent for a cheese box, which he sold to the defendant Wilson and one Scott for $12,000, each agreeing to pay one-half of said price.
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Appeal by plaintiff from a judgment dismissing the complaint. The action was brought in Lewis county by William B. Nickelson against George A. Wilson to compel the assignment of a judgment recovered by Wilson against plaintiff and one Scott. In 1868 the plaintiff owned a patent for a cheese box, which he sold to the defendant Wilson and one Scott for $12,000, each agreeing to pay one-half of said price. Wilson claiming that plaintiff and Scott conspired together to cheat and defraud him by representing that the price of said patent was $12,000, when in truth and fact it was worth but $6,000,…
1Opinion of the CourtMullin, P. J.
The learned judge who tried this cause dismissed the plaintiff’s complaint, on the ground that the contract sought to be enforced was entered into to embarrass or stop the prosecution of the plaintiff on the indictment against him for defrauding the defendant Wilson, and if such was the object and effect of said agree*108ment the judgment of the special term was right and must be affirmed. Bank of Steuben v. Mathewson, 5 Hill, 252; Osborn v. Robbins, 36 N. Y. 373; Porter v. Havens, 37 Barb. 343; Conderman v. Hicks, 3 Lans. 111.
Wilson’s counsel desired to induce the plaintiff to testify in the…
2Cases cited2 opinions
- Conderman v. HicksNew York Supreme Court · 1870
- Porter v. Havens & AbbottNew York Supreme Court · 1862