Wilson v. . Mechanical Orguinette Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered February 4, 1901, affirming a judgment entered upon a verdiet directed by the court in favor of plaintiff for a part of the amount claimed, and dismissing the complaint as to the remainder. The nature of the action and the facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered February 4, 1901, affirming a judgment entered upon a verdiet directed by the court in favor of plaintiff for a part of the amount claimed, and dismissing the complaint as to the remainder. The nature of the action and the facts, so far as material, are stated in the opinion. It was the plain right of the plaintiff to present to the jury the question whether or not the transfer by the defendant to the HEolian Oonqiany was a merely colorable device to cover an intent by which the…
1Opinion of the CourtWebneb, J.
This action was brought to recover certain royalties upon patents applicable to mechanical musical instruments, under an agreement between the defendant and one Henry Wilson, the plaintiff’s testator, made in October, 1882. There were no disputed facts. Two questions are presented for our consideration : 1. Did the trial court err in not submitting to the jury that part of plaintiff’s cause of action as to which the complaint was dismissed? 2. If the trial court erred in this regard can there be a reversal simply as to that part of the judgment, or must the whole judgment be reversed ? A…
2Cases cited7 opinions
- Genet v. President of the Delaware & Hudson Canal Co.New York Court of Appeals · 1893
- In Re the Appraisal Under the Taxable Transfer Act of the Estate of DavisNew York Court of Appeals · 1896
- King v. . LeightonNew York Court of Appeals · 1885
- Dermott v. . the StateNew York Court of Appeals · 1885
- Goodsell v. Western Union Telegraph Co.New York Court of Appeals · 1888
2 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Wood v. . Duff-GordonNew York Court of Appeals · 1917
- Kirke La Shelle Co. v. Paul Armstrong Co.New York Court of Appeals · 1933
- Van Valkenburgh, Nooger & Neville, Inc. v. Hayden Publishing Co.New York Court of Appeals · 1972
- Gordon v. Nationwide Mutual InsuranceNew York Court of Appeals · 1972
- Nau v. Vulcan Rail & Construction Co.New York Court of Appeals · 1941
37 more not listed; retrieve them via the Exa API.