Codman v. Adamson
Appellate Division of the Supreme Court of the State of New York
Appeal from Trial Term, Warren County. Action by Ella O. Codman and others against William B. Adamson and others. From a judgment for plaintiffs, defendants appeal. Reversed.
Read the full summary
Appeal from Trial Term, Warren County. Action by Ella O. Codman and others against William B. Adamson and others. From a judgment for plaintiffs, defendants appeal. Reversed. On or about March 15, 1892, Mrs. Sophronia Connors executed, acknowledged, and delivered to the defendants, as copartners doing business under the firm name of Baeder, Adamson & Co., a contract, of which the following is a copy: “This indenture made this 29th day of February, 1892, between So- phronia Connors, of the town of Minerva, N. Y., and Baeder, Adamson & Co. and Charles B. Adamson, Philadelphia, Pa., witnesseth:…
1Opinion of the CourtCochrane, J.
A serious and interesting question arises as to whether the cause of action, if any, for royalties under such a contract as the one in question, belongs to the heirs at law of Mrs. Connors or to her personal representatives. As the judgment must be reversed for other reasons, it is unnecessary now to determine that question.
Plaintiffs’ further difficulty arises over the concluding sentence in the said contract, as follows:
“Said Sophronia Connors to allow said Baeder, Adamson & Co. and Charles B. Adamson twenty tons of garnet free from royalty as compensation for making roads and bridges to…
2Cases cited3 opinions
- Thomas v. . ScuttNew York Court of Appeals · 1891
- Green Island Water Supply Co. v. Trojan Laundry Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Morison v. American Telephone & Telegraph Co.Appellate Division of the Supreme Court of the State of New York · 1908