Howard v. . Johnston
New York Court of Appeals
Appeal from order of the General Term of the Supreme • Court in the fourth judicial department, reversing a judgment in favor of defendant entered upon the report of a referee.
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Appeal from order of the General Term of the Supreme • Court in the fourth judicial department, reversing a judgment in favor of defendant entered upon the report of a referee. This action was brought in 1874, upon a promissory note for $1,000, dated April 13, 1868, and also upon a contract bearing the same date, executed by defendant, by which he agreed to pay plaintiff $5,000, “ out of any moneys or property ” which should be received by him from the sale or license of certain patented inventions, being improvements in harvesters, the same to be paid by defendant as fast as received. • The…
1Opinion of the Court
Folger, Ch. J.
We concur with the learned General Term, that interest did not begin to run upon the contract, in favor of the plaintiff, either at the date of the transaction with the Syracuse company or of that with Harding and others. The reasons for that conclusion are well set forth in the opinion delivered at General Term by Talcott, J., on the first appeal there, and need not to be repeated.
We are constrained to differ from it, however, on the right of the defendant to a judgment for his counter-claim. It was a claim that arose out of the contract or transaction set forth in the…
2Cases cited2 opinions
- Van Valen v. LaphamThe Superior Court of New York City · 1856
- Ashley v. . MarshallNew York Court of Appeals · 1864
3Cited by12 opinions
- Atkinson v. KirkpatrickSupreme Court of Kansas · 1913
- Martin v. . Home BankNew York Court of Appeals · 1899
- Moser v. . CochraneNew York Court of Appeals · 1887
- Saratoga Trap Rock Co. v. Standard Accident InsuranceAppellate Division of the Supreme Court of the State of New York · 1911
- Tuthill v. ShermanSouth Dakota Supreme Court · 1913
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