Nilsson v. De Haven
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Hugh De Haven, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 30th day of March, 1899, upon the verdict of a jury, .and also from an order entered in said clerk’s office on the 31st day of March, 1899, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hatch, J.:
' The theory of the complaint in this action is. for the recovery of the reasonable value of the Use and. right to manufacture a certain box fastener, the invention of the plaintiff, under an express contract to. pay therefor. From the averments of the complaint, it might be gathered that the contract authorized the use and manufacture of the article by the'defendant, which, at the time of the making of the contract, was protected by letters patent. The proof given upon the trial, however, established that at the time when the agreement was made the invention was unprotected by…
2Cases cited18 opinions
- Wakeman v. Wheeler & Wilson Manufacturing Co.New York Court of Appeals · 1886
- Wheaton and Donaldson v. Peters and GriggSupreme Court of the United States · 1834
- Solomons v. United StatesSupreme Court of the United States · 1890
- Dalzell v. Dueber Watch Case Manufacturing Co.Supreme Court of the United States · 1893
- Gill v. United StatesSupreme Court of the United States · 1896
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3Cited by5 opinions
- Canet v. SmithAppellate Division of the Supreme Court of the State of New York · 1916
- Pease Oil Co. v. Monroe County Oil Co.New York Supreme Court · 1912
- McNamara v. PowellNew York Supreme Court · 1938
- Bernard v. HuebelNew York Supreme Court · 1901
- Rowan v. SussdorffAppellate Division of the Supreme Court of the State of New York · 1911