People v. E. Remington & Sons
New York Supreme Court
Appeal from special term, Jefferson county. The Lee Arms Company made application to this court by petition for an order instructing the receivers in this action to pay to the petitioner in full certain royalties claimed by it. The contract under which such royalties were claimed conveyed to E. Remington & Sons, or their successors, the sole and exclusive right or license to manufacture, use, and vend to others certain fire-arms mentioned and described therein.
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Appeal from special term, Jefferson county. The Lee Arms Company made application to this court by petition for an order instructing the receivers in this action to pay to the petitioner in full certain royalties claimed by it. The contract under which such royalties were claimed conveyed to E. Remington & Sons, or their successors, the sole and exclusive right or license to manufacture, use, and vend to others certain fire-arms mentioned and described therein. E. Remington & Sons, in consideration thereof, and for the right to manufacture, use, and sell the same, agreed to pay to the Lee…
1Opinion of the CourtMartin, P. J.
We concur in the conclusion of the special term that, if there were assets in the hands of the receivers sufficient to pay the proper dividend upon the claim of the Lee Arms Company, it should be paid, although the time to prove debts against the estate had expired; and therefore are of the opinion that that part of the order which was appealed from by the receivers should be affirmed. This leaves for consideration that portion of the order which denied the petition of the Lee Arms Company for a direction to the receivers to pay to the petitioner its royalties in full.
The question presented…
2Cases cited7 opinions
- Thompson v. . BlanchardNew York Court of Appeals · 1850
- Brown v. Bement & StrongNew York Supreme Court · 1811
- Smith v. . BeattieNew York Court of Appeals · 1865
- Siedenbach v. . RileyNew York Court of Appeals · 1888
- Yenni v. . McNameeNew York Court of Appeals · 1871
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3Cited by2 opinions
- Cowen v. FaileyIndiana Supreme Court · 1898
- People v. E. Remington & SonsNew York Supreme Court · 1891