Martin v. New Trinidad Lake Asphalt Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New Trinidad Lake Asphalt Company, Limited, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 17th day of March, 1917, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 28th day of March, 1917, denying defendant’s motion for a new trial made upon the minutes, and also from an order entered in said clerk’s office on the 16th day…
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Appeal by the defendant, The New Trinidad Lake Asphalt Company, Limited, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 17th day of March, 1917, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 28th day of March, 1917, denying defendant’s motion for a new trial made upon the minutes, and also from an order entered in said clerk’s office on the 16th day of March, 1917, granting plaintiff an extra allowance of costs.
1Opinion of the Court
Page, J.:
This action was brought to recover royalties which had accrued under a license given to the defendant’s assignor by the plaintiff’s assignors under two letters patent of the United States issued upon the process of drying or refining natural asphalt for the three months ending September 30, 1903, and December 31, 1903. A former action between the same *721parties was brought to recover royalties under the same license for, the first half of 1903, which resulted in a judgment in favor of the plaintiff, which was affirmed by this court and by the Court of Appeals without opinion (167 App.…
2Cases cited5 opinions
- Krekeler v. . RitterNew York Court of Appeals · 1875
- Skinner v. Walter A. Wood Mowing & Reaping MacHine Co.New York Court of Appeals · 1893
- Skidmore v. Fahys Watch Case Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Martin v. . the New Trinidad Lake Asphalt Company, Ltd.New York Court of Appeals · 1917
- Rosenthal Paper Co. v. National Folding Box & Paper Co.Appellate Division of the Supreme Court of the State of New York · 1916
3Cited by10 opinions
- The Armstrong Co. v. Shell Co. of Cal.California Court of Appeal · 1929
- Martin v. New Trinidad Lake Asphalt Co.District Court, D. New Jersey · 1919
- Lathrop v. Rice & Adams CorporationDistrict Court, W.D. New York · 1936
- Wyman v. Monolith Portland Cement Co.California Court of Appeal · 1935
- L. Heller & Son, Inc. v. Lassner Co.Appellate Division of the Supreme Court of the State of New York · 1925
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