Legal Opinion

Bennett v. Iron Clad Manufacturing Co.

Appellate Division of the Supreme Court of the State of New York

Decided January 3, 1906PublishedCited by 4 opinions

Appeal by the plaintiff, Lewis Bennettj from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Herkimer on the 17th day of May, 1905, upon the dismissal of the complaint by direction of the court after a trial at the Herkimer Trial Term.

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Appeal by the plaintiff, Lewis Bennettj from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Herkimer on the 17th day of May, 1905, upon the dismissal of the complaint by direction of the court after a trial at the Herkimer Trial Term. The action was commenced in December, 1904, to recover ten cents for each sheet-metal basket alleged to have been manufactured by the defendant under the contract hereinafter referred to, which form or kind of basket was invented and caused to be patented by the plaintiff, and for the privilege of…

1Opinion of the Court

McLennan, P. J.:

The. facts must be learned solely from the complaint, as it was dismissed upon the ground that it did not state facts sufficient to . constitute a cause of action.

In such complaint it is alleged in substance that the plaintiff is the owner of two patents which relate to and cover a certain kind of metal basket; that in September, 1896, the parties entered into a contract in writing by which the plaintiff sold, assigned and transferred. to the defendant the exclusive right to manufacture and sell such baskets during the life of the patents,'and also agreed to furnish certain…

2Cases cited1 opinion

  1. The Union Manufacturing Co. v. . LounsburyNew York Court of Appeals · 1869

3Cited by4 opinions

  1. People v. . RisleyNew York Court of Appeals · 1915
  2. Bennett v. Iron Clad Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1907
  3. Bennett v. Iron Clad Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1907
  4. In re the Estate of MuserNew York Surrogate's Court · 1923

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