Herdic v. . Roessler
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made the first Tuesday of January, 1886, affirming a judgment entered upon a verdict in favor of the defendant. (Reported below, 39 Hun, 198.) This was an action upon a promissory note. The defense was failure of consideration. The verdict of the jury sustained this defense.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made the first Tuesday of January, 1886, affirming a judgment entered upon a verdict in favor of the defendant. (Reported below, 39 Hun, 198.) This was an action upon a promissory note. The defense was failure of consideration. The verdict of the jury sustained this defense. The consideration was the sale by the payee to the defendant of the right to make, use and vend a patented article, under an invention patented by the payee, and of a collateral agreement on his part to…
1Opinion of the CourtAndrews, J.
The validity of the statute, chapter 65 of the Laws of 1877, is the principal question in this case. It is entitled “ An act to regulate the execution and transfer of negotiable instruments given for patent-rights.” The first section declares that “ whenever any promissory note or other negotiable instrument shall be given, the consideration of which shall consist, in whole or in part, of the right to 'make, use or vend any patent invention or inventions claimed or represented by the vendor at the time of the sale to be patented, the words “ given for a patent-right shall be prominently and…
2Cases cited5 opinions
- Mayer v. HellmanSupreme Court of the United States · 1876
- State v. LockwoodWisconsin Supreme Court · 1877
- Brechbill v. RandallIndiana Supreme Court · 1885
- Cranson v. SmithMichigan Supreme Court · 1877
- Wilch v. PhelpsNebraska Supreme Court · 1883
3Cited by21 opinions
- McGuire v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1906
- Leep v. Railway Co.Supreme Court of Arkansas · 1894
- Hancock v. YadenIndiana Supreme Court · 1890
- Allen v. RileySupreme Court of the United States · 1906
- Mason v. McLeodSupreme Court of Kansas · 1896
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