Potthoff v. Safety Armorite Conduit Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Gerhard T. Potthoff, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 4th day of March, 1910, upon the decision of the court, rendered after a trial at the Kings County Trial Term, a jury having been waived, dismissing the complaint upon the merits.
1Opinion of the Court
Burr, J.:
On December 15, 1904, the United States Electro-Galvanizing Company, plaintiff’s assignor, entered into a contract with defendant by which defendant was given the exclusive right to use on iron and steel electrical conduit pipes a process of electro-galvanizing and electroplating which the said company controlled under letters patent of the United States. The right of plaintiff to recover the sum claimed in this action depends upon the construction to be put upon the 3d clause of said contract, the material part of which is as follows:
“ Third. The party of the second part hereby…
2Cases cited3 opinions
- Barlow v. . ScottNew York Court of Appeals · 1861
- Jackson, ex dem. Reeves v. ToppingNew York Supreme Court · 1828
- Stanton v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1909
3Cited by11 opinions
- Kama Rippa Music, Inc. v. SchekerykCourt of Appeals for the Second Circuit · 1975
- Nusbaum v. Hartford Fire Ins.Supreme Court of Pennsylvania · 1923
- Castellano v. StateNew York Court of Appeals · 1978
- Bintz v. City of HornellAppellate Division of the Supreme Court of the State of New York · 1945
- Heidlebaugh v. MillerCalifornia Court of Appeal · 1954
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