Denise v. . Swett
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made March 28, 1893, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material,, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made March 28, 1893, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material,, are stated in the opinion. If the cause of action does not arise from a contract, or agreement to pay for use, or manufacture of a patented article, hut is for the infringement of a patent right, or to recover compensation or damages for the use, or sale and manufacture of a patented article, the Dnited States…
1Opinion of the CourtPeckham, J.
This is an action brought to recover certain royalties alleged to be due plaintiff by virtue of an agreement between plaintiff’s assignor and the predecessors of the defendant, under which it is alleged the defendant and his predecessors (whose liabilities in that regard the defendant assumed) manufactured and sold a certain patented article designated in the agreement as “ an improved screw barrel press.”
The case was tried before a referee, who reported in favor of the plaintiff, and the judgment entered upon such report has been affirmed by the General Term.
The liability of the defendant…
2Cases cited2 opinions
- Continental Store Service Co. v. . ClarkNew York Court of Appeals · 1885
- The Union Manufacturing Co. v. . LounsburyNew York Court of Appeals · 1869
3Cited by3 opinions
- Wise v. . Tube Bending Machine Co.New York Court of Appeals · 1909
- Young v. YoungSupreme Court of Iowa · 1917
- American St. Car Advertising Co. v. JonesCourt of Appeals for the Second Circuit · 1905