Automatic Switch Co. of Baltimore City v. Cutler-Hammer Mfg. Co.
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the Southern District of New York. This cause comes here upon appeal from a decree of the Circuit Court, Southern District of New York, finding validity and infringement of a patent and decreeing injunction and accounting. The patent is No. 499,769, granted June 20, 1893, to George H. Whittingham for “Improvements in Automatic Switches,” title to which was in complainant prior to and at the commencement of the suit.
1Per curiam
After the Circuit Court had filed its opinion, and before decree was signed, defendant on March 27, 1905, suggested the existence of an assignment which it contended operated to abate the action and prayed for a dismissal of the bill or for such other relief as might seem equitable, just, and proper. Nevertheless, on April 20, 1905, the Circuit Court denied the motion and signed the decree. No discussion of this point is found in the record. Quite possibly the court thought it best that its decision on the merits should be embodied in a decree, and that the technical point thus raised should…
2Cases cited1 opinion
- Ecaubert v. AppletonCourt of Appeals for the Second Circuit · 1895
3Cited by6 opinions
- Grain Traders, Inc. v. Citibank, N.A.Court of Appeals for the Second Circuit · 1998
- Pittsburgh, S. & N. R. v. FiskeCourt of Appeals for the Third Circuit · 1910
- Denaro v. McLaren Products Co.Court of Appeals for the First Circuit · 1925
- Doak v. HamiltonCourt of Appeals for the Fourth Circuit · 1926
- Delco-Remy Corp. v. Preferred Electric & Wire Corp.District Court, E.D. New York · 1934
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