Harrigan v. Smith
Supreme Court of New Jersey
On appeal from a decree advised by Vice-Chancellor Emery, who delivered the following opinion : The bill is filed for the specific performance of an agreement for the assignment of a three-sixteenths interest in certain inventions of defendant, for which letters-patent have been granted to him, and for the recovery of a like interest in the profits arising from their manufacture and sale, and for an account of the profits in the business of the manufacture and sale of the…
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On appeal from a decree advised by Vice-Chancellor Emery, who delivered the following opinion : The bill is filed for the specific performance of an agreement for the assignment of a three-sixteenths interest in certain inventions of defendant, for which letters-patent have been granted to him, and for the recovery of a like interest in the profits arising from their manufacture and sale, and for an account of the profits in the business of the manufacture and sale of the patented articles under the patents. The patents issued to defendant were two in number, one dated January 15th, 1889, the…
1Opinion of the Court
'The opinion of the court was delivered by
Collins, J.
The complainant failed to establish the final contract alleged, or any contract at all as to improvements on the defendant’s original invention or as to participation, as partner or otherwise, in defendant’s profits. The only contract proved was with reference to the invention on which the defendant had applied for a patent on November 2d, 1887, and for which letters numbered 396,177 were .issued January 15th, 1889. This contract was oral, and, according to the testimony of all concerned, must have been made near the beginning of the year…
2Cases cited9 opinions
- Dalzell v. Dueber Watch Case Manufacturing Co.Supreme Court of the United States · 1893
- Hendrie v. SaylesSupreme Court of the United States · 1879
- Burr v. . De La VergneNew York Court of Appeals · 1886
- De Witt v. . Elmira Nobles Manufacturing Co.New York Court of Appeals · 1876
- Dunham v. Indianapolis & St. L. R.U.S. Circuit Court for the Northern District of Illnois · 1876
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3Cited by2 opinions
- Andreaggi v. RelisNew Jersey Superior Court Appellate Division · 1979
- Whitcomb v. WhitcombSupreme Court of Vermont · 1911