Vaughan v. Porter
Supreme Court of Vermont
Assumpsit ón a contract in writing executed on the sale, by the plaintiff to the defendant, of a patent right for making and vending “Vaughan’s Patent Balance.” The contract contained this condition.
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Assumpsit ón a contract in writing executed on the sale, by the plaintiff to the defendant, of a patent right for making and vending “Vaughan’s Patent Balance.” The contract contained this condition. “ Now the condition of the above obligation is such, that if there should be any defect in said patent, whereby all its privileges cannot be enforced, or if there shall be any other invention so nearly like it, as to materially affect the value of the same, now in the patent office, or if there should be any other defect whatever, the above contract is to be void.” On trial the defendant offered…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, 3".
In regard to the written requests made by the counsel to the court, as to the mode of charging the jury, being made after the argument closed, when, of course, there could be no time for the court to examine them, we consider them out of time. In regard to all written requests, the court are never bound to regard them in their charge, unless they are couched in such terms as to be sound, to the full extent. The fact that some sound law might be extracted from the requests, or that, in general terms, they may be sound law, with certain…
2Cases cited2 opinions
- Thornton v. WynnSupreme Court of the United States · 1827
- Stanton v. BannisterSupreme Court of Vermont · 1830
3Cited by14 opinions
- Packard v. QuesnelSupreme Court of Vermont · 1941
- Cummings v. Conn. Gen. Life Ins. Co.Supreme Court of Vermont · 1930
- Cleveland Trust Co. v. Consolidated Gas, Electric Light & Power Co.Court of Appeals for the Fourth Circuit · 1932
- Donahue v. Windsor County M. Fire Ins.Supreme Court of Vermont · 1883
- Knapp v. StateIndiana Supreme Court · 1907
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