Safety Steam-Generator Co. v. Dickson Manufacturing Co.
New York Supreme Court
Appeal from special term, New York county. Action by the Safety Steam-Generator Company against the Dickson Manufacturing Company, on a contract by which plaintiff licensed defendant to manufacture and sell steam-boilers embodying inventions for which plaintiff owned patents; and by which defendant agreed to pay plaintiff specified royalties, and to use all diligence and energy to make the sales of these boilers as extensive as possible.
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Appeal from special term, New York county. Action by the Safety Steam-Generator Company against the Dickson Manufacturing Company, on a contract by which plaintiff licensed defendant to manufacture and sell steam-boilers embodying inventions for which plaintiff owned patents; and by which defendant agreed to pay plaintiff specified royalties, and to use all diligence and energy to make the sales of these boilers as extensive as possible. The complaint alleged that defendant had failed to pay the royalties, had lacked' diligence .in endeavoring to sell the boilers, and had injured the…
1Per curiam
The motion in the court below was denied. It appeared that after issue joined the defendant served an offer of judgment, which was accepted by the plaintiff, whereby defendant offered to allow judgment for a certain sum and costs. The plaintiff made a motion for an allowance, which was denied by the court because of a supposed want of power. In this we think the court erred. The case of Landon v. Van Etten, (Sup.) 10 N. Y. Supp. 802, seems to be in conflict with this proposition. Although the precise question was not involved, yet it was there held that an allowance was part of the costs, and…
2Cases cited2 opinions
- Landon v. Van EttenNew York Supreme Court · 1890
- Penfield v. . JamesNew York Court of Appeals · 1874
3Cited by1 opinion
- Wilber v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1896