Prest-O-Lite Co. v. Avery Portable Lighting Co.
U.S. Circuit Court for the District of Eastern Wisconsin
In Equity. On demurrers to bill. The averments of the bill are substantially as follows: That the complainant is a corporation organized and existing under the laws of the state of Indiana, having its principal office at Indianapolis, Ind'., and being a citizen of that state. The defendants are alleged to he citizens of the state of Wisconsin, and the alleged infringements to have taken place within the Eastern district of Wisconsin.
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In Equity. On demurrers to bill. The averments of the bill are substantially as follows: That the complainant is a corporation organized and existing under the laws of the state of Indiana, having its principal office at Indianapolis, Ind'., and being a citizen of that state. The defendants are alleged to he citizens of the state of Wisconsin, and the alleged infringements to have taken place within the Eastern district of Wisconsin. That prior to October 17, 1904, the defendant Avery invented a new and useful improvement in gas tanks for the storing of acetylene gas. That on the 3d of…
1Opinion of the CourtQuarles, District Judge
(after stating the facts as above). The first ground of objection is predicated upon section 629, Rev. St. (U. S. Comp. St. 1901, p. 503), which denies to the Circuit Court jurisdiction in a case “to recover the contents of any promissory note or other chose in action in favor of any assignee, or of any subsequent holder, if such instrument be payable to bearer, or be not made by any corporation, unless such suit might have been prosecuted in such court to recover the contents if no assignment or transfer had been made.” If the main purpose of the bill of complaint were to secure the specific…
2Cases cited11 opinions
- Littlefield v. PerrySupreme Court of the United States · 1875
- Stark v. StarrsSupreme Court of the United States · 1868
- Dalzell v. Dueber Watch Case Manufacturing Co.Supreme Court of the United States · 1893
- Somerby v. BuntinMassachusetts Supreme Judicial Court · 1875
- Victor Talking Mach. Co. v. FairCourt of Appeals for the Seventh Circuit · 1903
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3Cited by4 opinions
- Papazian v. American Steel & Wire Co. of New JerseyDistrict Court, N.D. Ohio · 1957
- Dickman v. VollmerCourt of Appeals of Wisconsin · 2007
- F. A. R. Liquidating Corp. v. McGraneryDistrict Court, D. Delaware · 1953
- Vanadium-Alloys Steel Co. v. McKennaDistrict Court, W.D. Pennsylvania · 1939