Snow & Bush v. Judson
New York Supreme Court
APPEAL from an order made at a special term, overruling a demurrer to the complaint. The complaint alleged that on or about the 10th day of January, 1854, letters patent were granted and issued out of the patent office of the United States of America, to Junius Judson, the defendant, bearing date on that day, whereby, after reciting that whereas Junius Judson and Alfred Judson, of Rochester, New York, have alleged that they have invented new and useful improved valves for…
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APPEAL from an order made at a special term, overruling a demurrer to the complaint. The complaint alleged that on or about the 10th day of January, 1854, letters patent were granted and issued out of the patent office of the United States of America, to Junius Judson, the defendant, bearing date on that day, whereby, after reciting that whereas Junius Judson and Alfred Judson, of Rochester, New York, have alleged that they have invented new and useful improved valves for governors, for which letters patent were issued to Junius Judson, dated November 5, 1850, as the assignee of the said…
1Opinion of the Court
By the Court, Johnson, J.
There can be no doubt that a good cause of action is stated in the complaint. The facts, as admitted by the demurrer, are that the defendant intentionally made false statements in regard to the articles manufactured by the plaintiffs, for the purpose of preventing sales by them, of such articles, and thereby did prevent such sales, and greatly injured them in their business. This constitutes a cause of action. (Benton v. Pratt, 2 Wend. 385. White v. Merritt, 3 Seld. 352. Gallager v. Brunel, 6 Cowen, 346.)
The only question for consideration, therefore, is, whether the…
2Cases cited2 opinions
- Benton v. PrattNew York Supreme Court · 1829
- Brooks v. StolleyU.S. Circuit Court for the District of Ohio · 1845
3Cited by11 opinions
- Rice v. . ManleyNew York Court of Appeals · 1876
- Guild v. MoreNorth Dakota Supreme Court · 1915
- Kelley v. Ypsilanti Dress-Stay Manuf'g Co.U.S. Circuit Court for the District of Eastern Michigan · 1890
- Cooper v. WeissblattAppellate Terms of the Supreme Court of New York · 1935
- Hovey v. . Rubber Tip Pencil Co.New York Court of Appeals · 1874
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