Burr v. . De La Vergne
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made October 6, 1884, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. This action was brought to compel defendant to transfer and assign to plaintiff one-half the interests held by the former in certain letters-patent and for an accounting, etc.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made October 6, 1884, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. This action was brought to compel defendant to transfer and assign to plaintiff one-half the interests held by the former in certain letters-patent and for an accounting, etc. The complaint alleged and the court found in substance that in February, 1876, the parties were copartners, engaged in the business of brewing lager beer; that at that…
1Opinion of the CourtAndrews, J.
The proposition asserted in behalf of the defendant, that one partner acquires no right or interest, legal or equitable, in an invention made by his copartner during the existence of the partnership by reason merely of the copartnership relation, although the invention relates to an improvement in machinery to facilitate the business carried on by the firm, and although the partner making the invention, uses copartnership means in his experiments, and is also bound by the copartnership articles to devote his whole time and attention to the firm business, is a doctrine supported by authority…
2Cases cited1 opinion
- Belcher v. WhittemoreMassachusetts Supreme Judicial Court · 1883
3Cited by30 opinions
- Cahill v. ReganNew York Court of Appeals · 1959
- Dalzell v. Dueber Watch Case Manufacturing Co.Supreme Court of the United States · 1893
- American Circular Loom Co. v. WilsonMassachusetts Supreme Judicial Court · 1908
- E. F. Drew & Co. v. ReinhardCourt of Appeals for the Second Circuit · 1948
- Spears v. . WillisNew York Court of Appeals · 1897
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