Nickelson v. Wilson
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of defendants, entered upon a decision of the court at Special Term. (Reported below, 1 Hun, 615; 4 N. Y. S. C. [T. & C.], 104.) This action was brought for the specific performance of a contract, and to restrain defendants from enforcing a judgment against plaintiff in alleged violation of said contract.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of defendants, entered upon a decision of the court at Special Term. (Reported below, 1 Hun, 615; 4 N. Y. S. C. [T. & C.], 104.) This action was brought for the specific performance of a contract, and to restrain defendants from enforcing a judgment against plaintiff in alleged violation of said contract. The court found substantially the following facts: On the 25th day of May, 1869, plaintiff sold a certain patent-right to the defendant Wilson, and one J. Goodrich…
1Opinion of the CourtRapallo, J.
The court, at Special Term, found that the object and intent of the agreement which the plaintiff seeks *365to enforce in this action was “ to stifle, embarrass and procure the discontinuance of the criminal proceedings pending against the plaintiff.” On this ground it decided that the agreement was against public policy and void, and this decision was affirmed by the Supreme Court at General Term.
The only evidence upon which the finding was based consists of the written agreement and the testimony of the plaintiff’s counsel as to the negotiation of which that agreement was the result. The…
2Cases cited5 opinions
- Fassett v. . SmithNew York Court of Appeals · 1861
- United States v. LeeU.S. Circuit Court for the District of Illinois · 1846
- Conderman v. HicksNew York Supreme Court · 1870
- Pollak v. GregoryThe Superior Court of New York City · 1861
- Warner v. H. Munsheimer & Co.Court of Appeals of Texas · 1884
3Cited by9 opinions
- Baker v. . BlissNew York Court of Appeals · 1868
- Stearns v. . GageNew York Court of Appeals · 1879
- Reed v. . GannonNew York Court of Appeals · 1872
- Bennett v. . BuchanNew York Court of Appeals · 1879
- Kingsland v. . FullerNew York Court of Appeals · 1899
4 more not listed; retrieve them via the Exa API.