Cauhape v. . P., D. Co.
New York Court of Appeals
Appeal fi?om judgment of the General Term of the Supreme Court in? the first judicial department, entered upon an order made October 26, 1887, which affirmed a judgment in favor of defendants entered upon the report of a referee. This action was brought to recover royalties on certain articles manufactured under a patent claimed to be due plaintiff under a contract dated March 22, 1884. The answer denied the making of the contract.
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Appeal fi?om judgment of the General Term of the Supreme Court in? the first judicial department, entered upon an order made October 26, 1887, which affirmed a judgment in favor of defendants entered upon the report of a referee. This action was brought to recover royalties on certain articles manufactured under a patent claimed to be due plaintiff under a contract dated March 22, 1884. The answer denied the making of the contract. The only evidence offered by plaintiff to prove it was the record of a judgment in a former action between the same parties brought by the plaintiff here upon the…
1Opinion of the CourtAndrews, J.
It appears by the record in the former action that the court refused to enforce the cause of action founded on the alleged contract of March 22, 1884, for want of jurisdiction. The court entertained jurisdiction of the cause of action on the contract of ¡November 17, 1881, and gave damages based thereon for royalties accruing between its date and the date of the second contract.
The defendant, in its answer in that action, admitted the making of a contract between the parties ¡November 17, 1881, but denied its terms as alleged by the plaintiff, and, in respect to the alleged contract of…
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