Creamer v. . Mitchell
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 22, 1896, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The defendant’s liability is upon an express condition and his contract is to be strictly construed. (E. Nat.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 22, 1896, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The defendant’s liability is upon an express condition and his contract is to be strictly construed. (E. Nat. Bank v. Kaufman, 93 N. Y. 273; Smith v. Molleson, 148 N. Y. 241; Kingsbury v. Westfally 61 N. Y. 356; Ward v. Stahl, 81 N. Y. 406; Grant v. Smith, 46 N. Y. 93 ; De Luka v. Goodwin,…
1Opinion of the CourtBartlett, J.
The plaintiff is the assignee of her husband, Henry Creamer, and seeks to recover in this action from the defendant, upon his written guaranty, certain royalties due to Creamer from the Safety Electric Construction Company, as licensee under letters patent owned by Creamer.
The facts in this case are somewhat complicated, but, when understood, the material ones are few and undisputed.
Creamer was the inventor of steam traps that were used in operating machinery.
In 1888 the defendant entered into a contract with Creamer whereby he obligated himself to aid the inventor in exploiting his patents,…
2Cited by6 opinions
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- Hamilton Trust Co. v. ShevlinAppellate Division of the Supreme Court of the State of New York · 1913
- McAfee v. WyckoffNew York Supreme Court · 1904
- Beagle v. CableAppellate Division of the Supreme Court of the State of New York · 1900
- Beagle v. CableAppellate Division of the Supreme Court of the State of New York · 1900
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