De Witt v. . Elmira Nobles Manufacturing Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order affirming an order of Special Term sustaining a demurrer to plaintiff’s complaint.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order affirming an order of Special Term sustaining a demurrer to plaintiff’s complaint. (Beported below, 5 Hun, 301.) The complaint in this action alleged, in substance, that in August, 1871, letters patent were duly issued to Bichard N. Watrous and W. W. Kellogg for an alleged new and useful improvement in the construction of dies for forming the lips of auger and auger bits; that in September, 1871, said Kellogg duly assigned his interest in such letters patent to one George…
1Opinion of the CourtAllen, J.
The plaintiff does not claim to recover of the defendant for the use of the patent-right and the patented invention, referred to in the complaint, by virtue of any contract, expressed or implied, or any agreement by the defendant to pay the plaintiff-any compensation or royalty for the right to use the same. In substance, the allegations of the complaint are of a use of the patented invention by the defendant without the consent of, or any license or permission by, the plaintiff. The arrangement and agreement between Watrous, the owner of the patent in common with the plaintiff, and the…
2Cases cited2 opinions
- Hovey v. . Rubber Tip Pencil Co.New York Court of Appeals · 1874
- Middlebrook v. . BroadbentNew York Court of Appeals · 1872
3Cited by15 opinions
- Continental Store Service Co. v. . ClarkNew York Court of Appeals · 1885
- Deane v. HodgeSupreme Court of Minnesota · 1886
- Cohan v. Robbins Music Corp.Appellate Division of the Supreme Court of the State of New York · 1935
- Wise v. . Tube Bending Machine Co.New York Court of Appeals · 1909
- Lalance & Grosjean Mfg. Co. v. National Enameling & Stamping Co.District Court, S.D. New York · 1901
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