McCullough v. Pence
New York Supreme Court
Appeal from special term, New York county. Action by John L. McCullough against Harvey L. Pence to recover one-sixth interest in certain royalties. From an interlocutory judgment ordering an accounting, and from a final judgment on the referee’s report, defendant appeals. Reversed.
1Opinion of the CourtVan Brunt, P. J.
The complaint in this action alleged that the plaintiff was the owner of a one-sixth interest or share in certain letters patent, and that defendant had the right of sale under said letters patent upon payment of certain royalties, one-sixth of *987which belonged to plaintiff, and that defendant had made large sales of . patented articles, and had made a payment to plaintiff on account of his interest; that the amount of sales was unknown to plaintiff, but that the plaintiff has been informed and believed that they have been very extensive; that an account had been requested, but the defendant…
2Cases cited2 opinions
- Marvin v. . BrooksNew York Court of Appeals · 1883
- Brown v. Saratoga RailroadNew York Court of Appeals · 1859
3Cited by14 opinions
- Moore v. CoyneAppellate Division of the Supreme Court of the State of New York · 1906
- McCargo v. . JergensNew York Court of Appeals · 1912
- Everett v. De FontaineAppellate Division of the Supreme Court of the State of New York · 1903
- Harle v. BrennigAppellate Division of the Supreme Court of the State of New York · 1909
- Lindner v. StarinAppellate Division of the Supreme Court of the State of New York · 1908
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