Kirschmann v. Lediard
New York Supreme Court
APPEAL by the defendants from a judgment entered upon the verdict of a jury. The action was brought to recover damages for the breach of an agreement by the defendants.
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APPEAL by the defendants from a judgment entered upon the verdict of a jury. The action was brought to recover damages for the breach of an agreement by the defendants. The complaint alleged that on the 7th day of June, 1864, a patent was issued to the plaintiff out of the United States patent office, signed by the secretary of the interior, and countersigned by the commissioner of patents, under the sea] of the patent office, for improvement in artificial legs, &c., Bo. 43,031; and that prior to the execution of the agreement hereinafter referred to and set forth, the plaintiff was the…
1Opinion of the Court
By the Court, Ingraham, P. J.
The decision of the general terrp, when this case was last before us, was rendered on the ground that the contract on which the action ■was founded contemplated the formation of the corporation therein referred to by the defendants ; and that the neglect or refusal of the defendants to organize such corporation rendered them liable to the plaintiff for such damages as he might sustain in consequence of such neglect. The contract was with the defendants, and was-to sell to them “the patent held by- the plaintiff, and with the further agreement to make such…
2Cases cited1 opinion
- Thomas v. DickinsonNew York Supreme Court · 1856
3Cited by4 opinions
- Barnes v. SeligmanNew York Supreme Court · 1890
- Weldon v. DeganWashington Supreme Court · 1915
- Huse & Loomis Ice & Transportation Co. v. HeinzeSupreme Court of Missouri · 1890
- Continental Telegraph Co. v. NelsonThe Superior Court of New York City · 1883