Maitland v. Drew
New York Court of Common Pleas
Action by George Maitland and others against Henry P. Drew and others to recover royalties under a patent. Plaintiffs demur to the separate defenses and counterclaims. Sustained.
1Opinion of the CourtBischoff, J.
To an action for royalties alleged to have become due under the license of certain patent rights to the defendants, the latter, by answer, after certain admissions and denials, interposed two separate defenses and a counterclaim, and to these the plaintiffs demur. The contract between the parties was entered into on or about November 1, 1891, and the royalties in suit are based upon sales of the patented articles by the licensees for a period from October 1, 1893, to January 1, 1895, amounting to $450 for such period.
The first separate defense proceeds upon the allegations that the contract…
2Cases cited6 opinions
- Marston v. . SwettNew York Court of Appeals · 1876
- Marston v. . SwettNew York Court of Appeals · 1880
- Skinner v. Walter A. Wood Mowing & Reaping MacHine Co.New York Court of Appeals · 1893
- Saltus v. Belford Co.New York Court of Appeals · 1892
- Hammond v. EarleNew York Supreme Court · 1880
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