| N.J. | Jun 15, 1894
The opinion of the court was delivered by
This cause, under the statute entitled “An act to authorize the transfers of suits from the several
This action is founded upon an alleged verbal contract by which the defendants engaged or employed the Newark Heating Machine Company to build six machines, known as “Murray’s Improved Lightening Bottling and Corking Machine.” The evidence, on the part of the plaintiff, shows that both defendants came to the office of the company and •ordered the machines. It appears that one Peter Murray was at' the time, on or about March 10th, 1891, the owner of the patent for these machines, and the evidence of the defendants is .that they never employed either the Newark Heating Machine Company or the plaintiff company to build these -or any other machines for them, but that there was an arrange.ment or agreement between the defendants and Murray, by which they, upon an assignment to them by Murray of the •one-half interest in the patent, agreed to advance money to assist him in building the machines, Murray to repay them by the sale of the machines; that they then furnished some money and received two machines, and paid the sum of $150 to the plaintiff. The plaintiff corporation was, soon after the •alleged order was given, organized, and the Newark Heating Machine Company merged into the plaintiff corporation, to which Murray, in May, 1891, assigned his other half interest in the patent, so that when this suit was commenced it was owned by the plaintiff corporation and the defendant, each owning a half interest. The plaintiff corporation alleges that it manufactured these six machines, informed the defendants that they were ready for delivery, and that two of them were taken by the defendants, who paid to the plaintiff the sum of .$150. Murray swears that the machines were manufactured
There is no dispute as to the correctness of the account of labor and materials furnished in the construction of these machines. The plaintiff recovered a verdict of $525.54. The defendant challenges the correctness of some of the-rulings of the learned trial judge rejecting evidence and some of the instructions to the jury.
This is a writ of error, and it is only error in law in the conduct of the cause by the trial judge to which the attention of this court can be directed. It is observable that all of the evidence offered at the trial is not included in the case as it appears before us, and the court has only adverted to what is before us sufficiently to show that disputed facts exist.
The defendants requested the trial court to charge the jury “that the testimony on the part of the plaintiffs was that the order for the machines was given to the Newark Heating Machine Company, and not to the Newark Heating, Ventilating and Machine Company, the plaintiff, and that therefore the plaintiffs were not the proper parties to the suit and could not recover.” The trial court refused to charge this request as stated, and the exception allowed upon such refusal furnished one of the grounds of alleged error.
It is obvious that this request presents questions of fact for the jury alone to determine.
The evidence involves a consideration of the question what the terms of the contract were and with whom the agreement for the manufacturing of these machines was made. It will
Ido not think that the refusal of the trial judge to charge the request “ that each owner of an interest of the patent had a rght to manufacture and sell under that patent regardless of tie other co-owners ” can be considered as error.
Tiis request was entirely too inclusive in its significance to be (harged as an independent proposition applicable to the case, The instruction, .in this connection, had already been givei that the plaintiff and defendants, each being the owner of tie one-half of this patent-right, had the right to manufactire and sell these machines, and it is not denied at all by the defendants that the plaintiff had the right to construct maciines for anyone who ordered them, nor can it be denied that the defendants could expressly or impliedly bind them
It is obvious that this evidence was irrelevant to the issue. The action was between the plaintiff and the defendants. "Whilst Murray was a stockholder in the plaintiff corporation, he was not a party to this action, and in no sense the agent of the plaintiff nor authorized in any manner to represent it. It is to be observed that this alleged agreement between the defendants and Murray does appear in the evidence, yet it was entirely irrelevant to the issue between the plaintiff and the defendants, and the trial court was right in excluding so much of it as was rejected. It would have been justified in excluding all that passed between the defendants and Murray as irrelevant to the question directly in issue — that is, whether the defendants had entered into an engagement of contract with the .plaintiff for the machines in question. The action was based upon the existence of this contract, and what Murray may have stated to the defendants, or what his agreement may have been with' them, were matters entirely foreign to the issue, and especially so when it was not within the power or ■offer of the defendants to connect such evidence with the plaintiff.
Besides, it will be noticed that these alleged declarations of Murray to the defendants and his alleged agreement with them was later in event than the contract which is the subject of this action. They were in no wise connected with the contract. They were not the subject of inquiry as a part •of the transaction sued on, and were not of a group of facts
In order to be relevant, the evidence must be such that it directly touches upon the issue which t-he parties have made-by the pleadings. Such evidence as does not assist in the determination of that issue is irrelevant. Platner v. Platner, 78 N. Y. 95; Best Prin. Ev. (Cham.) 257; Greenl. Evid. (14ih ed.), § 51. This evidence was properly overruled.
The conclusion is, that no error appears in the case, and the judgment must be affirmed.