Marsh v. . Dodge
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department affirming a judgment in favor of plaintiff, entered upon a verdict. (Deported below, é Hun, 278.) This action was brought to recover an amount alleged to be due as royalty upon the manufacture and sale of a patented article under a license and agreement between the parties.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department affirming a judgment in favor of plaintiff, entered upon a verdict. (Deported below, é Hun, 278.) This action was brought to recover an amount alleged to be due as royalty upon the manufacture and sale of a patented article under a license and agreement between the parties. The complaint alleged, in substance, that plaintiff, on 01 about September 2, 1865, being the patentee and owner of a patent for an improvement in harvesting machines, known as “ Marsh’s self-rake,” entered into a written…
1Opinion of the CourtBapallo, J.
We think that the exclusion of the instrument providing for a drawback was error, for which a new trial must be granted, without regard to the other questions in the case. The plaintiff set up in his complaint a written license and agreement between him and the defendants, whereby they agreed to pay him a license fee of ten dollars upon each of the Marsh’s self-rakes which should be made and sold or disposed of by the defendants, or by their authority or procurement during the term of the license. The answer contained a general denial of the agreement alleged. On the trial the plaintiff…
2Cited by27 opinions
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- Carvel Corporation v. Diversified Management Group, Inc.Court of Appeals for the Second Circuit · 1991
- Roger M. Gordon v. Vincent Youmans, Inc. And Miller Music CorporationCourt of Appeals for the Second Circuit · 1965
- In Re the Estate of BrandrethNew York Court of Appeals · 1902
- Paine v. . JonesNew York Court of Appeals · 1879
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