Heckers v. Fowler
Supreme Court of the United States
JOHN Fowler brought suit in the Circuit Court for the Southern District of New York, against John and George Heeker, to recover damages for a breach of covenant. The declaration alleged.that the plaintiff, who was the patentee of an improvement in making, flour, had granted to the Heckers the right to supply a particular district with such flour, &c., paying, so much per barrel.
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JOHN Fowler brought suit in the Circuit Court for the Southern District of New York, against John and George Heeker, to recover damages for a breach of covenant. The declaration alleged.that the plaintiff, who was the patentee of an improvement in making, flour, had granted to the Heckers the right to supply a particular district with such flour, &c., paying, so much per barrel. Defence, that-the patent was worthless, and that the- plaintiff haff failed to maintain its validity at his own cost, as he had agreed to do. Explication; issue, and joinder. While the case was thus pending, the…
1Opinion of the CourtJustice Clifford
This is a writ of error to the Circuit Court of the United States for the Southern District of New York.
■- Suit was brought in this case by the present defendant, and judgment was rendered in his favor in the court below. Action was referred, under a rule of court, by consent of the parties, and the judgment in the case was rendered upon the report of .the referee, made in pursuance of the rule of reference. Original defendants sued out this writ of error, and now seek to reverse the judgment upon the several grounds hereinafter mentioned. Errors assigned at the argument were in substance and…
2Cases cited3 opinions
- Thornton v. CarsonSupreme Court of the United States · 1813
- Bank of Monroe v. WidnerNew York Court of Chancery · 1845
- Green v. PatchinNew York Supreme Court · 1835
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- Kulukundis Shipping Co. v. Amtorg Trading Corp.Court of Appeals for the Second Circuit · 1942
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