Keystone Type Foundry v. Fastpress Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Suit in equity by the Keystone Type Foundry against the Fastpress Company. Decree for defendant, and complainant appeals. In 1913 one Stonemetz was working over a printing press of his own devising, whereof the meritorious novelty, if any, resided in the normal placing oí the cylinder in relation to the bed and the means for producing operative conjunction between them.
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Appeal from the District Court of the United States for the Southern District of New York. Suit in equity by the Keystone Type Foundry against the Fastpress Company. Decree for defendant, and complainant appeals. In 1913 one Stonemetz was working over a printing press of his own devising, whereof the meritorious novelty, if any, resided in the normal placing oí the cylinder in relation to the bed and the means for producing operative conjunction between them. He had built several machines, kept them at Palmyra, N. Y., and intended to apply for a patent in time. Plaintiff was a Pennsylvania…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). The declaration of law made below rests on a finding of' fact as to which we are constrained to differ. The lower court held (263 Fed. 101) that the 1913 contract between Stonemetz and plaintiff had terminated by abandonment .before defendant’s contract with Stonemetz of May 12, 1915. There is no direct evidence of this, except the statement of Stonemetz. He has been rightly declared by the trial court a man unworthy of belief, and what he said about that contract is no more credible than any of his other statements. Abandonment implies mutual consent; of…
2Cases cited8 opinions
- Gayler v. WilderSupreme Court of the United States · 1851
- Heaton-Peninsular Button-Fastener Co. v. Eureka Specialty Co.Court of Appeals for the Sixth Circuit · 1896
- American Paper-Bag Co. v. Van NortwickCourt of Appeals for the Seventh Circuit · 1892
- Jones v. BergerU.S. Circuit Court for the District of Maryland · 1893
- Newton v. BuckCourt of Appeals for the Second Circuit · 1896
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3Cited by20 opinions
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- Sanofi, S.A. v. Med-Tech Veterinarian Products, Inc.District Court, D. New Jersey · 1983
- Cold Metal Process Co. v. United Engineering & Foundry Co.Court of Appeals for the Third Circuit · 1935
- Cold Metal Process Co. v. United Engineering & Foundry Co.District Court, W.D. Pennsylvania · 1935
- Dunkley Co. v. California Packing Corp.Court of Appeals for the Second Circuit · 1921
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