Chemical Electric Light & Power Co. v. Howard
Massachusetts Supreme Judicial Court
Contract upon the following promissory note, signed by the defendant: “$1,000.00. Boston, Mass., April 28, 1886. July 1, 1886, or fifteen days after I have permission to give publicity to the fact that the Chemical Electric Light and Power Company own foreign patents of Thomas John Handford, covering the use of bichromate of soda in galvanic batteries,, I promise to pay to the Chemical Electric Light and Power Company the sum of one thousand dollars, value received, as per…
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Contract upon the following promissory note, signed by the defendant: “$1,000.00. Boston, Mass., April 28, 1886. July 1, 1886, or fifteen days after I have permission to give publicity to the fact that the Chemical Electric Light and Power Company own foreign patents of Thomas John Handford, covering the use of bichromate of soda in galvanic batteries,, I promise to pay to the Chemical Electric Light and Power Company the sum of one thousand dollars, value received, as per agreement executed this day.” The answer set up failure of consideration, and fraud. Trial in the Superior Court, before…
1Opinion of the CourtKnowlton, J.
The promissory note upon which this suit is brought was only a part of a contract, of which the rest appears in the writing called the Howard Agreement, executed on the same day. The defendant, at the trial, introduced evidence tending to show that the English Handford patent, referred to in the contract, was invalid by reason of a prior publication “of that portion thereof relating to the use of bichromate of soda in galvanic batteries in an English patent of one Highton,” in 1871. So far as appears by the reference to the patent in the .several contracts before us, this use is all that it…
2Cases cited2 opinions
- Nash v. LullMassachusetts Supreme Judicial Court · 1869
- Harlow v. PutnamMassachusetts Supreme Judicial Court · 1878
3Cited by4 opinions
- Chemical Electric Light & Power Co. v. HowardMassachusetts Supreme Judicial Court · 1890
- Ryan v. Charles E. Reed & Co.Massachusetts Supreme Judicial Court · 1929
- Clemshire v. Boone County BankSupreme Court of Arkansas · 1890
- Hathorn v. WheelwrightSupreme Judicial Court of Maine · 1904