Legal Opinion

Warth v. Mack

Court of Appeals for the Second Circuit

Decided April 8, 1897PublishedCited by 4 opinions

In Error to the Circuit Court of the United States for the Southern District of New York.

1Opinion of the Court

WALLACE, Circuit Judge.

This is a writ of error by the plaintiff in the court below 1o review a judgment at law. The action was fried before the court, trial by jury having been waived by the written stipulation of the parties.

The action was brought to recover royalties «amounting to $2,250, alleged to be payable pursuant to a written contract, dated February 9, 3892. executed by Albiu Warth, the testator of the plaintiff', and the defendants.

The provisions of the contract, so far as they are material, are as follows:

“Whereas, certain letters patent of the United States of America have, been…

2Cases cited1 opinion

  1. Burrill v. CrossmanCourt of Appeals for the Second Circuit · 1895

3Cited by4 opinions

  1. Williamson v. PhillipoffSupreme Court of Florida · 1914
  2. Electrical Products Corp. v. MoskoSupreme Court of Colorado · 1931
  3. Electrical Research Products, Inc. v. Haniotis Bros.Supreme Court of Oklahoma · 1934
  4. Moore v. Sun Printing & Publishing Ass'nCourt of Appeals for the Second Circuit · 1900

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