Childs v. . Harris Manufacturing Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, made- November 9, 1886, which affirmed an order of Special Term, denying a motion to set aside service of summons herein.
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Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, made- November 9, 1886, which affirmed an order of Special Term, denying a motion to set aside service of summons herein. The facts, so far as material, are stated in the opinion The plaintiff’s alleged, cause of action did not arise within the State of New York, since the contract upon which it is based was made in Wisconsin, their demand of performance was also made there, and the breach, if any occurred, took place in that State. (Bk. of Augusta v. Earle, 13 Pet. 519; La Fayette Ins. Co. v.…
1Opinion of the CourtDanforth, J.
The facts presented by this appeal are as follows: The defendant, a corporation created under the laws of Wisconsin, has its office in that State, where it is engaged in the manufacture and sale of harrows, some of which were bought by the plaintiffs, who are dealers in agricultural implements. Some question arose as to whether the machine was an infringement upon letters patent issued to other parties, and upon a consideration deemed sufficient, the defendant, by writing, executed in Wisconsin, guaranteed to the plaintiffs the right to purchase, sell and deal in their harrow, and to…
2Cited by3 opinions
- Sparks v. National Masonic Accident Ass'nSupreme Court of Iowa · 1896
- Government of the Virgin Islands v. Fred Franklin CarrCourt of Appeals for the Third Circuit · 1971
- Meyer v. Pennsylvania Lumbermen's Mut. Fire Ins.U.S. Circuit Court for the District of Western New York · 1901