Wilcox v. Williams
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, James H. Williams and others, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Tompkins on the 5th day of April, 1897, upon the report of a referee setting aside as null and void an assignment dated December 19, 1893, from the defendants Bufford and Kitson to the defendants Williams and Redfield of three certain letters patent, and decreeing that Bufford and Kitson execute in due…
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Appeal by the defendants, James H. Williams and others, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Tompkins on the 5th day of April, 1897, upon the report of a referee setting aside as null and void an assignment dated December 19, 1893, from the defendants Bufford and Kitson to the defendants Williams and Redfield of three certain letters patent, and decreeing that Bufford and Kitson execute in due form a conveyance of such letters patent to the firm known as the Ithaca Drop Forge Company, composed of the plaintiffs…
1Opinion of the Court
Parker, P. J.:
In December, 1895, a new trial was granted in this case by the General Term in the fourth department. (See 92 Hun, 250.) It was then suggested by the court that the plaintiffs’ case was defective in two particulars: First. That, for aught that appeared, the alleged partnership was to be one at will dissolvable at the pleasure óf any of the parties, and that, therefore, equity would not compel the specific performance asked for. Secondly. That the finding by the referee of the formation of a partnership, which involved the *439entire ownership by the partnership of- the patents in…
2Cases cited1 opinion
- Wilcox v. WilliamsNew York Supreme Court · 1895
3Cited by3 opinions
- Smith v. MaineNew York Supreme Court · 1932
- Robinson v. HoaglandAppellate Division of the Supreme Court of the State of New York · 1900
- In re the Estate of HoaglandAppellate Division of the Supreme Court of the State of New York · 1900