Wheeler v. . Billings
New York Court of Appeals
Action to- recover fifteen hundred dollars, alleged to be due to Plaintiff as the balance of'the purchase price agreed to be paid by Defendant for one quarter’s interest in Euyre’s patent for improvements in stone-dressing machines. The answer admitted the purchase, but alleged that the price was one thousand dollars, and alleged payment of the latter sum.
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Action to- recover fifteen hundred dollars, alleged to be due to Plaintiff as the balance of'the purchase price agreed to be paid by Defendant for one quarter’s interest in Euyre’s patent for improvements in stone-dressing machines. The answer admitted the purchase, but alleged that the price was one thousand dollars, and alleged payment of the latter sum. The issues were tried before a Referee, who found the sale of the interest in the patent, and the conveyance thereof by the Plaintiff to the Defendant, for the consideration expressed in the transfer of two thousand five hundred dollars,…
1Opinion of the CourtGrover, J.
The consideration expressed in the conveyance of the interest in the patent by the Plaintiff to the Defendant was not conclusive upon the parties. Either party was .at liberty to show the true consideration of the transfer. (Adams v. Hull, 2 Denio, 306, and cases cited.) It follows that -the Defendant was at liberty to show that he was not to pay twenty-five hundred dollars for the interest in the patent only, but was to have, in addition thereto for that sum, the right to use the improvements already invented by the Plaintiff, and the right to further suggestions of the Plaintiff in…
2Cases cited2 opinions
- Newell v. . DotyNew York Court of Appeals · 1865
- Adams v. HullNew York Supreme Court · 1845
3Cited by34 opinions
- Eighmie v. . TaylorNew York Court of Appeals · 1885
- Greenfield v. Massachusetts Mutual Life InsuranceNew York Court of Appeals · 1872
- Mygatt v. . CoeNew York Court of Appeals · 1895
- Miller v. . McKenzieNew York Court of Appeals · 1884
- Hilliard v. Wisconsin Life InsuranceWisconsin Supreme Court · 1908
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