Cortland Howe Ventilating Stove Co. v. Howe
New York Supreme Court
Appeal from judgment on report of referee. Action by the Cortland Howe Ventilating Stove Company against Hezekiah Howe and others to reform a contract. Judgment was rendered for plaintiff, and defendants Hezekiah Howe, Sophia A. Howe, William Howe, and Cordelia Howe appeal.
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Appeal from judgment on report of referee. Action by the Cortland Howe Ventilating Stove Company against Hezekiah Howe and others to reform a contract. Judgment was rendered for plaintiff, and defendants Hezekiah Howe, Sophia A. Howe, William Howe, and Cordelia Howe appeal. The action was to reform the contract set out in the complaint so as to conform to the agreement of the parties, “by so altering, correcting, and reforming the same * 15 * as that it shall read, state, and provide that the royalties of one dollar on each stove made or caused to be made by said plaintiff to the number of…
1Opinion of the CourtHardin, P. J.
Voluminous appeal books are presented to us containing evidence which satisfactorily sustains the findings of fact made by the referee. In July, 1887, the Howes were the owners of certain letters patent described in the complaint. Upon their efforts, in connection with other persons, the plaintiff was organized under the manufacturing laws of 1848, and a certificate was-signed and filed, and Caleb B. Hitchcock was elected president, and Frank W. Collins was elected secretary and treasurer. The amount of the capital stock was $180,000. In August, 1887, an oral agreement was made between the…
2Cases cited5 opinions
- Born v. . SchrenkeisenNew York Court of Appeals · 1888
- Pitcher v. . HennesseyNew York Court of Appeals · 1872
- Southard v. . CurleyNew York Court of Appeals · 1892
- Devereux v. Sun Fire Office of LondonNew York Supreme Court · 1889
- Christopher & Tenth Street Railroad v. Twenty-Third Street Railway Co.New York Supreme Court · 1894
3Cited by4 opinions
- White Corbin & Co. v. JonesAppellate Division of the Supreme Court of the State of New York · 1903
- Kirkman v. KirkmanAppellate Division of the Supreme Court of the State of New York · 1898
- White, Corbin & Co. v. JonesAppellate Division of the Supreme Court of the State of New York · 1903
- Kirkman v. KirkmanAppellate Division of the Supreme Court of the State of New York · 1898