Consolidated Electric Storage Co. v. Atlantic Trust Co.
New York Court of Appeals
Appeal from a judgment and order of the Appellate Division of the Supreme Court in the first judicial department, entered June 20,1898, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Terra. This action was brought to recover the balance of a sum of money deposited by the plaintiff with the defendant, and which the defendant promised to pay.
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Appeal from a judgment and order of the Appellate Division of the Supreme Court in the first judicial department, entered June 20,1898, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Terra. This action was brought to recover the balance of a sum of money deposited by the plaintiff with the defendant, and which the defendant promised to pay. The acknowledgment of the deposit and promise is contained in a written instrument dated June 2, 1890, to which the Consolidated Electric Storage Company (the plaintiff) was party of the first part, the…
1Opinion of the CourtGray, J.
The plaintiff’s demand against the defendant relates to two written agreements; one of which was made between it and the Brush Electric Company and the other of which was made between the plaintiff, the Brush Electric Company and the defendant, the Atlantic Trust Company. The first of these agreements granted a license to the plaintiff to use certain improvements in secondary batteries, of which the Brush Company was the patentee, for a term of six years from April 1st, 1890; with an option to the licensee for an additional term. It provided for the payment of annual royalties, which should…
2Cases cited1 opinion
- Szuchy v. . Hillside Coal Iron Co.New York Court of Appeals · 1896
3Cited by4 opinions
- Consolidated Ice Co. v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1901
- Hutton v. . SmithNew York Court of Appeals · 1903
- City of Niagara Falls v. New York Central & Hudson River RailroadNew York Court of Appeals · 1901
- In re PrimeAppellate Division of the Supreme Court of the State of New York · 1936