Newell v. . Wheeler
New York Court of Appeals
This is an appeal from a judgment absolute against tlie Plain-tiif, rendered by the General Term of the Superior Court of the city of New York, reversing, with costs, a judgment entered in his favor, upon the verdict of a jury, for $21,916.55, and dismissing his complaint as not stating facts sufficient to constitute a cause of action.
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This is an appeal from a judgment absolute against tlie Plain-tiif, rendered by the General Term of the Superior Court of the city of New York, reversing, with costs, a judgment entered in his favor, upon the verdict of a jury, for $21,916.55, and dismissing his complaint as not stating facts sufficient to constitute a cause of action. The- suit was brought upon the following contract, made between the parties, March 11, 1858, under seal: “ Whereas, William Newell, of the City of Philadelphia, and State of Pennsylvania, did obtain letters patent of the United States for a certain invention,…
1Opinion of the CourtHunt, J.
The question in the present ease arises from the written agreement set forth in the complaint. The Plaintiff claims that the instrument contains an implied agreement on the part of the Defendants, that they will keep the machine in constant operation, provided they can with reasonable effort obtain employment for it. It is not claimed that there has been any greater actual use for the machine than has been accounted for. The claim is made that the Defendants were bound to keep it in operation, and were bound to pay the toll upon the amount of coffee that could have been run through it,…
2Cases cited1 opinion
- Wemple v. StewartNew York Supreme Court · 1856
3Cited by7 opinions
- Laycock v. ParkerWisconsin Supreme Court · 1899
- Booth v. Cleveland Rolling Mill Co.New York Court of Appeals · 1878
- Mansfield v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1889
- John Weber & Co. v. HearnAppellate Division of the Supreme Court of the State of New York · 1900
- Amalgamated Gum Co. v. Casein Co. of AmericaU.S. Circuit Court for the District of Northern New York · 1906
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