Blewitt v. . Boorum
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Rew York, entered upon an order made April 6,1891, which affirmed a judgment in favor of defendants entered upon a decision of the court on trial at Special Term dismissing the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in admitting oral evidence to contradict a sealed, instrument.
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Appeal from judgment of the General Term of the Superior Court of the city of Rew York, entered upon an order made April 6,1891, which affirmed a judgment in favor of defendants entered upon a decision of the court on trial at Special Term dismissing the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in admitting oral evidence to contradict a sealed, instrument. (Chitty on Cont. § 4 ; 4 Kent’s Comm. 451-454 ; Wallace v. Berdell, 97 N. Y. 13 ; Arnold v. Patrick, 6 Paige, 315 ; Wilson v. Dean, 74 N. Y. 531 ; Weber v. Christian,…
1Opinion of the CourtPeckham, J.
This action was brought to obtain an accounting from defendants and for damages sustained by plaintiff by reason of the violation of a certain contract, under seal, entered into between the parties to the action in relation to the right to manufacture and sell a temporary kind of binder for books, called the “ Common Sense Binder,” and for which letters patent had been issued.
The defendants admitted the execution of the contract, but alleged that it had been executed upon the paroi condition that it was not to operate as a contract until the plaintiff acquired the interest of a third person…
2Cases cited7 opinions
- Worrall v. . MunnNew York Court of Appeals · 1851
- Reynolds v. . RobinsonNew York Court of Appeals · 1888
- Gilbert v. North American Fire InsuranceNew York Supreme Court · 1840
- Lovett v. AdamsNew York Supreme Court · 1829
- Arnold v. PatrickNew York Court of Chancery · 1837
2 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Jamestown Business College Assn. v. . AllenNew York Court of Appeals · 1902
- Kerwin v. DonaghyMassachusetts Supreme Judicial Court · 1945
- Holt v. GordonTexas Supreme Court · 1915
- Megowan v. . PetersonNew York Court of Appeals · 1902
- Heitmann v. Commercial BankCourt of Appeals of Georgia · 1909
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