Hawks v. Swett
New York Supreme Court
APPEAL by plaintiff from a judgment of nonsuit at the circuit. The action was brought by Elizabeth Hawks against George W. Swett and others, to recover of defendants certain royalties or license fees for the use of certain letters patent, claimed to be due plaintiff by virtue of a written agreement to pay the same. The defense was that the covenant to pay royalties was void for want of consideration.
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APPEAL by plaintiff from a judgment of nonsuit at the circuit. The action was brought by Elizabeth Hawks against George W. Swett and others, to recover of defendants certain royalties or license fees for the use of certain letters patent, claimed to be due plaintiff by virtue of a written agreement to pay the same. The defense was that the covenant to pay royalties was void for want of consideration. In April, 1867, plaintiff obtained letters patent for an “ auxiliary air chamber,” for stoves. This, as well as a reissued patent for the same improvement granted in 1869, was assigned to…
1Opinion of the CourtLearned, P. J.
The first question is, whether the decree of the United States court was admissible under the pleadings.
The answer is not well drawn, but it sets up want of consideration and worthlessness of the patent. There could be no doubt as to the intended defense. This decree between the same parties was good evidence of these facts. Gates v. Preston, 41 N. Y. 113. If necessary to amend the answer so as to set up the decree by way of Supplement, this could have been doné at the trial by the permission of the court; for the plaintiff could not be misled. She was a party to the action in which the…
2Cases cited10 opinions
- Hopkins v. LeeSupreme Court of the United States · 1821
- Marsh v. PierSupreme Court of Pennsylvania · 1833
- Gates v. . PrestonNew York Court of Appeals · 1869
- Rinchey v. . StrykerNew York Court of Appeals · 1863
- People Ex Rel. Reilly v. JohnsonNew York Court of Appeals · 1868
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