Spears v. . Willis
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the third judicial department, entered May-29, 1894, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff cannot recover in this action ujdou the cause of action set forth in the complaint.
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Appeal from a judgment of the General Term of the Supreme Court in the third judicial department, entered May-29, 1894, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff cannot recover in this action ujdou the cause of action set forth in the complaint. (U. S. R. S. § 4898; Baldwin v. Sibley, 1 Cliff. [U. S.] 150; Jordan v. Dobson, 4 Fish Pat. Cas. 232; 2 Abb. [U. S.] 398; 7 Phila. 533 ; Davy v. Morgan, 56 Barb. 218 ; Gibson v. Cook, 2 Blatchf. [U. S.] 144;…
1Opinion of the Court
Andrews, Ch. J.
Some of the questions litigated on the trial have, by lapse of time, become of little practical importance. The patent of 1877 has expired during the pendency of the litigation, as has also the period during which, by the terms of the contract between Millar & Son and the firm' of Willis & Spears, of January 18, 1887, that contract was to continue in force. The provision in the judgment, therefore, requiring the defendant to assign to the plaintiff, by formal assignment, a one-lialf interest in the patent of 1877, and the provision vesting in the receiver the contract of Millar…
2Cases cited3 opinions
- Somerby v. BuntinMassachusetts Supreme Judicial Court · 1875
- Burr v. . De La VergneNew York Court of Appeals · 1886
- Searle v. HillSupreme Court of Iowa · 1887
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- Mariani v. SummersNew York Supreme Court · 1944
- Brady v. PowersAppellate Division of the Supreme Court of the State of New York · 1906
- Schulsinger v. BlauAppellate Division of the Supreme Court of the State of New York · 1903
- Straubel v. CommissionerUnited States Board of Tax Appeals · 1933
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