The Union Manufacturing Co. v. . Lounsbury
New York Court of Appeals
Appeal" from a judgment of the General Term of the Supreme Court, in the first district, affirming a judgment in fact of the plaintiff, upon the decision of Peokham, J., without a jury.
Read the full summary
Appeal" from a judgment of the General Term of the Supreme Court, in the first district, affirming a judgment in fact of the plaintiff, upon the decision of Peokham, J., without a jury. The plaintiff brought this action for the recovery of a royalty or tariff, of one cent per yard, upon certain felt cloth manufactured by the defendant, between the 1st of July, 1852, and the 24th of September, 1857. On the 28th day of December, 1848, the plaintiff, as assignee of the patentees, was the owner of a patent, granting the exclusive right of such manufacture to their assignors, and their assigns,…
1Opinion of the CourtDaniels, J.
By the agreement, which forms the foundation of the present action, the plaintiff sold, assigned and conveyed to the defendants the right of making and manufacturing at the establishment, then occupied by the firm in Nor-walk, felt cloth of the usual width of broadcloth, by means of a single set of machinery usually employed in the manufacture of felt cloth, and for the manufacture of which the plaintiff owned the patent. To this extent there can be no doubt entertained, but that it was intended by the parties that the sale should be one taking effect in praesenti ; for that is the clear…
2Cited by11 opinions
- St. Paul Plow Works v. StarlingSupreme Court of the United States · 1891
- Hyatt v. . IngallsNew York Court of Appeals · 1891
- Dall Motor Parts Co. v. Packard Motor Car Co.Ohio Supreme Court · 1931
- Bennett v. Iron Clad Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Denise v. . SwettNew York Court of Appeals · 1894
6 more not listed; retrieve them via the Exa API.