American Bank Note Co. v. Edson
New York Supreme Court
APPEAL from a judgment entered upon the report of a referee. The action is brought to declare the exclusive right to make and use in the United States a certain patented ink, known as the “ green tint,” to be vested in the plaintiff; to compel the defendant to account for and pay over any and all sums of money received by him for permission to use, or as compensation for the use of the “ green tint” by others than .the plaintiff; to declare the capital stock of the plaintiff…
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APPEAL from a judgment entered upon the report of a referee. The action is brought to declare the exclusive right to make and use in the United States a certain patented ink, known as the “ green tint,” to be vested in the plaintiff; to compel the defendant to account for and pay over any and all sums of money received by him for permission to use, or as compensation for the use of the “ green tint” by others than .the plaintiff; to declare the capital stock of the plaintiff owned and held by the defendant, forfeited to the plaintiff, and to compel the transfer of said stock to the…
1Opinion of the CourtIngraham, P. J.
It is not claimed on the part of the plaintiff, that the discovery made by Matthews was, while owned by him, subject to any claim of the firm in whose employ he was, or that he had not a perfect right to use or sell the patent for it, while under his control. His relations to the firm of Eawdon, Wright, Hatch & Edson were at no time such as to impose on him any duty or obligation to give the benefit of his discovery to that firm. Whatever reservation there may have been made in the articles of association, of authority to the firm of Eawdon, Wright, Hatch & Edson, to convey shares to Matthews…
2Cited by2 opinions
- Seymour v. Spring Forest Cemetery Ass'nNew York Court of Appeals · 1895
- Stanton v. SchenckNew York Supreme Court · 1931