Hebbard v. . Haughian
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 defendants, entered upon the report of a referee, and granting a new trial. This action was brought to recover the sum of $10,000, alleged to have been paid, as the consideration for the transfer of certain letters patent.
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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 defendants, entered upon the report of a referee, and granting a new trial. This action was brought to recover the sum of $10,000, alleged to have been paid, as the consideration for the transfer of certain letters patent. The complaint alleged, and the plaintiff’s evidence tended to show, that, on April 4th, 1872, she sold and assigned to defendants certain letters-patent for an invention and certain tools and machinery for the sum of $12,000, which sum was agreed…
1Opinion of the CourtAllen, J.
It was incumbent upon the plaintiff to establish by competent evidence a present cause of action against the defendants, an indebtedness due and payable at the time of the commencement of the ‘action. This was not proved by the written assignment and transfer of the patent right made on the 4th of April, 1872. That instrument was not signed by the defendants, contained no obligation on their part, and recited no undertaking by them. It did not purport to, and did not contain any mutual or reciprocal agree- - ments of the parties^ It was a deed poll, conveying the franchises under the patent,…
2Cases cited1 opinion
- Attorney General v. PurmortNew York Court of Chancery · 1836
3Cited by33 opinions
- Hanlon v. DohertyIndiana Supreme Court · 1887
- In Re the Probate of the Will of CunnionNew York Court of Appeals · 1911
- Mueller v. BatchelerSupreme Court of Iowa · 1906
- Colt v. McConnellIndiana Supreme Court · 1888
- Trupp v. WolffCourt of Special Appeals of Maryland · 1975
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