Legal Opinion

McFadden v. Nickel Processing Corp.

New York Supreme Court

Decided May 28, 1958Published

1Opinion of the CourtArthur G. Klein, J.

This case was tried before me without a jury. Findings of fact and conclusion of law were waived.

The action was commenced by one Martinus Caron, who unfortunately died subsequent to the trial but before a determination could be handed down. The executor of his estate has assigned the claim to the present plaintiff.

*821This is an action to recover “ compensation” for the use of patented processes covered by certain Cuban patents owned by the original plaintiff. The compensation sued for is claimed to be due under a written contract by which the original plaintiff granted to a Dutch company, N. V.…

2Cases cited6 opinions

  1. Eustis Mining Co. v. Beer, Sondheimer & Co.District Court, S.D. New York · 1917
  2. Hudson Engineering Co. v. ShawCourt of Appeals of Kentucky · 1915
  3. Krstovic v. . Van BurenNew York Court of Appeals · 1923
  4. Lewis Invisible Stitch Mach. Co. v. PopperCourt of Appeals for the Second Circuit · 1941
  5. Ruckstell Sales & Mfg. Co. v. Perfecto Gear Differential Co.District Court, N.D. California · 1928

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