Codman v. Adamson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, William B. Adamson and others, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Warren on the 25th day of July, 1908, upon the decision of the court rendered after a trial before the court without a jury at the Warren Trial Term.
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Appeal by the defendants, William B. Adamson and others, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Warren on the 25th day of July, 1908, upon the decision of the court rendered after a trial before the court without a jury at the Warren Trial Term. On or about March 15, 1892, Mrs. Sophronia Connors executed,' acknowledged and delivered to the defendants as copartners doing business under the firm name of Baeder, Adamson & Co., a contract, of wdffeh the following is a copy: “ This Indenture made this 29th day of…
1Opinion of the Court
Cochrane, J.:
<A serious and interesting question arises as to whether the cause of action, if any, for royalties under such a contract as the one in question belongs to the heirs at law of Mrs. Connors or to.her personal representatives. As the judgment must be reversed for other reasons it is unnecessary now to determine that question.
Plaintiffs’ further difficulty arises over the concluding sentence in the said contract as follows: Said Sophronia Connors to allow said Baeder, Adamson & Co. and Charles B. Adamson twenty tons of garnet free from royalty as compensation for making roads ' and…
2Cases cited2 opinions
- Thomas v. . ScuttNew York Court of Appeals · 1891
- Morison v. American Telephone & Telegraph Co.Appellate Division of the Supreme Court of the State of New York · 1908