Birdsall v. Perego
U.S. Circuit Court for the District of Northern New York
At law. Demurrer to pleas. The declaration, which was an amended one, set out that the plaintiff [John C. Birdsall] “is a citizen of the state of Indiana,” and that the defendant [William Perego] “is a citizen of the state of New York.”
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At law. Demurrer to pleas. The declaration, which was an amended one, set out that the plaintiff [John C. Birdsall] “is a citizen of the state of Indiana,” and that the defendant [William Perego] “is a citizen of the state of New York.” It then averred, in substance, that the defendant entered into a contract or agreement in writing with the plaintiff, in and by which the plaintiff agreed to allow, and did allow and transfer, to the defendant the exclusive right to manufacture and sell a certain clover machine, (for which patents had been issued by the United States to the plaintiff, on the…
1Opinion of the Court
HALL, District Judge.
The opinion of this ■court on the defendant’s demurrer to the orig-inál declaration in this case, would seem to be decisive, so far as this court is concerned, of the principal question raised by the demurrer to the third plea. The contract of the parties, as set forth in the original declaration, was substantially the same that is set out in the amended declaration, with the exception that, in the latter, it is alleged, that the plaintiff “agreed to allow, and did allow and transfer, to the defendant, the exclusive right,” &c., while, in the former, it was only alleged,…
2Cases cited3 opinions
- Selden v. PringleNew York Supreme Court · 1854
- Pitts v. JamesonNew York Supreme Court · 1853
- Thomas v. QuintardThe Superior Court of New York City · 1855
3Cited by9 opinions
- McKay v. SmithU.S. Circuit Court for the District of Massachusetts · 1889
- Holmes v. McGillCourt of Appeals for the Second Circuit · 1901
- Manningt v. Galland-Henning Pneumatic Malting Drum ManufacturingWisconsin Supreme Court · 1910
- American Street Car Advertising Co. v. JonesU.S. Circuit Court for the District of Northern New York · 1903
- Watson Fireproof Window Co. v. Henry Weiss Cornice Co.Missouri Court of Appeals · 1914
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