Legal Opinion

Pfaudler Process Fermentation Co. v. McPherson

New York Supreme Court

Decided January 11, 1889PublishedCited by 2 opinions

Appeal from judgment on report of referee. The plaintiff, a corporation, is the owner of certain letters patent for an improvement in the process of the manufacture of beer and other fermented liquors. The defendants are brewers, residing in the city of New York. The action is upon a contract alleged to have been made by the defendants for the use of the improvement in their business, and a promise to pay a specific sum per barrel for such use.

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Appeal from judgment on report of referee. The plaintiff, a corporation, is the owner of certain letters patent for an improvement in the process of the manufacture of beer and other fermented liquors. The defendants are brewers, residing in the city of New York. The action is upon a contract alleged to have been made by the defendants for the use of the improvement in their business, and a promise to pay a specific sum per barrel for such use. The averment as to the contract, and its terms, is in these words: “ That on or about the 4th day of June, 1883, the said defendants entered into an…

1Opinion of the Court

Barker, P. J., (after stating the facts as above.)

The appellant insists that the referee had no power to allow the defendants to amend their answer on the trial in the respect granted, and that the exception to such allowance was well taken. The argument offered in support of the plaintiff’s position is that the original answer upon which the parties went to trial before the ref■eree, did not in legal effect deny the contract as set out in the complaint, and that the making of the same was a fact admitted. If the answer is susceptible of such construction, then by the amendment a new issue…

2Cases cited1 opinion

  1. Price v. . BrownNew York Court of Appeals · 1885

3Cited by2 opinions

  1. Bidwell v. OvertonNew York Court of Common Pleas · 1891
  2. Bartlett v. BunnNew York Supreme Court · 1889

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