Champagne v. Powell Medicine Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Powell Medicine Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Essex on the 1st day of .April, 1899, upon the report of a referee, for $6,111.22, damages and costs.
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Appeal by the defendant, The Powell Medicine Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Essex on the 1st day of .April, 1899, upon the report of a referee, for $6,111.22, damages and costs. Upon the 13th day of January, 1882, the parties to this action entered into a contract, in substance, providing for the sale by the plaintiff to the defendant of certain letter patents upon certain medical compounds, six in number. The part of the contract material to this controversy reads as follows : “ And in consideration…
1Opinion of the Court
Smith, J.:
The appellant challenges this judgment upon three grounds: First, that judgment has been rendered for damages which did not accrue until after the commencement of the action ; second, that the plaintiff’s damage for a breach of the contract was paid in full by the settlement of the action brought in 1890; third, that the referee should not have included in the damages found the $2,000 stipulated to be paid if the sales of the compounds were successful.
The decision of the defendant’s first ground of challenge seems to rest upon the answer to the question whether this action be one at…
2Cases cited1 opinion
- Kilbourne v. Board of SupervisorsNew York Court of Appeals · 1893
3Cited by2 opinions
- Oppenheimer v. MooreAppellate Division of the Supreme Court of the State of New York · 1905
- Stage v. Van LeuvenAppellate Division of the Supreme Court of the State of New York · 1902