Continental Store Service Co. v. . Clark
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, made March 27, 1885, which modified, and affirmed as modified, an order of Special Térm. The particulars in which the order was modified, and the material facts pertinent thereto, are stated in the opinion. This action is one based on contract and is exclusively within the jurisdiction of the State courts, the parties being residents of the State.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, made March 27, 1885, which modified, and affirmed as modified, an order of Special Térm. The particulars in which the order was modified, and the material facts pertinent thereto, are stated in the opinion. This action is one based on contract and is exclusively within the jurisdiction of the State courts, the parties being residents of the State. (Middlebrook v. Broadbent, 47 N. Y. 444; Meserole v. Libby, 6 Blatchf. 356; Rich v. Atwater, 16 Conn. 409; Keith v. Hobbs, 69 Mo. 84.) Where a suit is…
1Opinion of the CourtMiller, J.
This action was brought to compel the specific performance of a written agreement, under seal, and to remove a cloud on the title of the plaintiff to certain property manufactured by the plaintiff by virtue of the written agreement before named, and as assignee of the same and of certain patents therein mentioned, and to prevent respondents from using the patents pendente lite.
The patents in question relate to the cash car system, in use in stores, issued to Milton Clark. The plaintiff claimed to have acquired the title to these patents by virtue of an assignment thereof, and the same claim…
2Cases cited5 opinions
- Hartell v. TilghmanSupreme Court of the United States · 1879
- Rich v. HotchkissSupreme Court of Connecticut · 1844
- Middlebrook v. . BroadbentNew York Court of Appeals · 1872
- De Witt v. . Elmira Nobles Manufacturing Co.New York Court of Appeals · 1876
- Merserole v. Union Paper Collar Co.U.S. Circuit Court for the District of Southern New York · 1869
3Cited by28 opinions
- Pratt v. Paris Gas Light & Coke Co.Supreme Court of the United States · 1897
- Condon v. Associated Hospital ServiceNew York Court of Appeals · 1942
- Hyatt v. . IngallsNew York Court of Appeals · 1891
- Gonzales v. Kentucky Derby Co.Appellate Division of the Supreme Court of the State of New York · 1921
- Hupfeld v. Automaton Piano Co.U.S. Circuit Court for the District of Southern New York · 1895
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