Dancel v. Goodyear Shoe Machinery Co. of Portland, Main
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Goodyear Shoe Machinery Company of Portland, Maine, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 21st day of June, 1901, upon an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 20th day of June, 1901, directing that the plaintiffs have judgment against the defendant upon the…
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Appeal by the defendant, the Goodyear Shoe Machinery Company of Portland, Maine, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 21st day of June, 1901, upon an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 20th day of June, 1901, directing that the plaintiffs have judgment against the defendant upon the amended answer to the amended complaint upon the ground that said amended answer is frivolous.
1Opinion of the Court
O’Brien, J.:
The action was brought to recover a monthly payment alleged to be due to the plaintiffs as administrators of Christian Dancel, deceased, under a contract which he had made with the defendant’s assignor, the Goodyear Shoe Machinery Company of Connecticut, wherein it was provided that such company, “ in consideration of said assignments, and of the agreements of said Dancel herein contained, doth agree to pay to said Dancel, in each year while the United States Letters Patent No. 459036 remains in force as a valid patent, the sum of Five thousand dollars as an annuity, such annuity…
2Cases cited4 opinions
- Cook v. . WarrenNew York Court of Appeals · 1882
- Manne v. CarlsonAppellate Division of the Supreme Court of the State of New York · 1900
- Henriques v. TrowbridgeAppellate Division of the Supreme Court of the State of New York · 1898
- Wait v. GetmanAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by7 opinions
- Partenfelder v. PeopleAppellate Division of the Supreme Court of the State of New York · 1913
- Hespe v. Corning Glass Works, Inc.District Court, W.D. New York · 1935
- Kene v. HillAppellate Division of the Supreme Court of the State of New York · 1905
- Kene v. HillAppellate Division of the Supreme Court of the State of New York · 1905
- Mann v. LukeAppellate Division of the Supreme Court of the State of New York · 1947
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