Starr Cash & Package Car Co. v. Starr
Supreme Court of Connecticut
Suit to compel the defendant to transfer a certain patent to the plaintiff, for an injunction and for $5,000 damages, brought to the Superior Court in New London County where a judgment by default was entered against the defendant; afterwards the plaintiff waived its claim for damages and the parties having been fully heard by the court, Slmmway, J!, judgment was rendered for the plaintiff, and the defendant appealed for alleged errors in the rulings of the court.
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Suit to compel the defendant to transfer a certain patent to the plaintiff, for an injunction and for $5,000 damages, brought to the Superior Court in New London County where a judgment by default was entered against the defendant; afterwards the plaintiff waived its claim for damages and the parties having been fully heard by the court, Slmmway, J!, judgment was rendered for the plaintiff, and the defendant appealed for alleged errors in the rulings of the court. The complaint alleged that the defendant, being the business manager of the plaintiff company, it was agreed between them that he…
1Opinion of the CourtBaldwin, J.
This case was brought within the jurisdiction of the Superior Court by the claim for $5,000 damages, with which the complaint concluded. The previous allegation that the patent in controversy had been bought by the defendant at the price of $800, did not necessarily import that it was worth no more. Its value to the plaintiff, for aught that appears on the face of the complaint, or the loss sustained by the refusal to assign it, on request, may have been the full amount of the damages demanded.
The oral waiver of all claims for damages, made after the entry of the default, did not affect the…
2Cases cited1 opinion
- Thomson v. WoosterSupreme Court of the United States · 1885
3Cited by11 opinions
- Lettieri v. American Savings BankSupreme Court of Connecticut · 1980
- Travelers Indemnity Co. v. RubinSupreme Court of Connecticut · 1988
- Cardona v. ValentinSupreme Court of Connecticut · 1970
- Ratner v. WillametzConnecticut Appellate Court · 1987
- Paiwich v. KrieswalisSupreme Court of Connecticut · 1921
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