Curtis v. Wheeler & Wilson Manufacturing Co.
New York Supreme Court
Appeal from circuit court, New York county. Action by George H. W. Curtis against the Wheeler & Wilson Manufacturing Company, upon an agreement, alleged to have been made on behalf of the defendant company by its president, Hathaniel Wheeler, to pay plaintiff the sum of $5,000 in consideration of the assignment by him to the company of a certain invention, and of the letters patent therefor, if such letters should be issued, and if the invention should turn out a commercial…
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Appeal from circuit court, New York county. Action by George H. W. Curtis against the Wheeler & Wilson Manufacturing Company, upon an agreement, alleged to have been made on behalf of the defendant company by its president, Hathaniel Wheeler, to pay plaintiff the sum of $5,000 in consideration of the assignment by him to the company of a certain invention, and of the letters patent therefor, if such letters should be issued, and if the invention should turn out a commercial success. Defendant denied the making of the alleged agreement, and also set up as a defense an agreement by plaintiff to…
1Opinion of the CourtIngraham, J.
I think the judgment should be reversed, and a new trial granted, on the ground that the verdict of the jury, where they found that there was a contract whereby the defendant agreed to pay plaintiff $5,000 for the machine, was against the weight of evidence. The plaintiff’s testimony as to such agreement is entirely uncorroborated by any other testimony. All that Louise Cadmus, who was called for the plaintiff, testifies to was that she did not hear Mr. Wheeler refuse to give $5,000, and, so far I can see, nobody has ever testified that Mr. Wheeler did refuse to give $5,000; the question…
2Cases cited3 opinions
- Townsend Manufacturing Co. v. FosterNew York Supreme Court · 1868
- Boyd v. ColtNew York Supreme Court · 1860
- Lynch v. PyneThe Superior Court of New York City · 1876
3Cited by2 opinions
- Curtis v. Wheeler & Wilson Manuf'g Co.New York Supreme Court · 1892
- Hedin v. Long Island RailroadNew York Court of Common Pleas · 1895