Jones v. . Reynolds
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made April, 1S8Y, which affirmed a judgment in favor of defendant, directed on trial at circuit. This action was brought to recover $500 claimed to be due on the sale, of an invention by plaintiff to defendant. The facts are sufficiently stated in the opinion. The complaint states facts sufficient to constitute a cause of action.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made April, 1S8Y, which affirmed a judgment in favor of defendant, directed on trial at circuit. This action was brought to recover $500 claimed to be due on the sale, of an invention by plaintiff to defendant. The facts are sufficiently stated in the opinion. The complaint states facts sufficient to constitute a cause of action. (2 Kent’s Comm. 366; Palmer v. De Witt, 4Y N. Y. 532, 53Y, 538; 2 Wait’s Act. & Def. 243; 50 How. Pr. 194; Tabor v. Hoffman, 41 Hun, 5 ; Harman, v.…
1Opinion of the CourtPabkek, J.
The plaintiff invented and applied to a metal shoe-last a device which both plaintiff and defendant, believed to be an improvement.
Such device was the individual property of the inventor,, and as such the subject of sale by him. (2 Kent’s Comm* 366 ; 50 How. Pr. 194; Palmer v. De Witt, 47 N. Y. 532; Tabor v. Hoffman, 27 N. Y. S. R. 756.)
By an oral contract the plaintiff sold the invention to the defendant and at the same time delivered to him a model, which he took and retained.
The parties differ as to the terms of the contract. The plaintiff testifying that the defendant agreed to pay him…
2Cases cited5 opinions
- Palmer v. . De WittNew York Court of Appeals · 1872
- Burr v. . De La VergneNew York Court of Appeals · 1886
- Gray v. . DavisNew York Court of Appeals · 1851
- Kiernan v. The Manhattan Quotation Telegraph CompanyNew York Supreme Court · 1876
- Treadwell v. ReynoldsSupreme Court of Connecticut · 1872
3Cited by11 opinions
- Kodekey Electronics, Inc. v. The Mechanex CorporationCourt of Appeals for the Tenth Circuit · 1973
- Bicknell v. Owyhee Sheep & Land Co.Idaho Supreme Court · 1918
- Nilsson v. De HavenAppellate Division of the Supreme Court of the State of New York · 1900
- Augusta Cooperage Co. v. PlantSupreme Court of Arkansas · 1924
- Harrison v. . ScottNew York Court of Appeals · 1911
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