Atlantic Reporter Volume 104 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1919 edition. Excerpt: ...Black and Williams, JJ., dissenting. Appeal from Supreme Court. Action by Fire Protection Development Company against the American District Telegraph Company. Judgment for defendant and plaintiff appeals. Reversed. Magoffin & Slgnor, John W. Griggs, of Paterson, and Martin Conboy, of New York City, for appellant. Kinsley Twining, of Newark, and Rush Taggert, of New York City, for appellee. GUMMERE, C. J. This Is a controversy over the division of receipts corning from the operation of a manual fire alarm system in the city of New York. The trial was had before Adams, J., sitting without a jury, and resulted in a judgment for the defendant From this Judgment the plaintiff appeals. In order to understand the respective claims of the parties In the present suit a rather detailed account of the history of their contractual relations is necessary: On February 18, 1904, one Robert L McElroy, who owned patents for a manual fire alarm system, entered Into an agreement with the defendant company, a corporation of this state, whereby his system was to be operated by it over its lines in all places where those lines existed or might thereafter be constructed. Under this agreement many reciprocal duties and obligations were imposed, of which the following throw light upon the question to be determined: McElroy was to manufacture all of the devices and apparatus which were to be uswd under the contract, and to deliver them to the defendant company free. He was also to put canvassers to work to solicit subscribers in the various cities of the United States where this system was to be put In operation. This, also, he was to do at his own expense. The defendant company was to equip central offices, to run wires therefrom to the buildings of the...