Rowe v. Blanchard
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Milwaukee County. One Coe obtained letters patent from tbe United States for a certain “ improvement in barrows,” and in 1860 assigned tbe right to make and sell tbe same in tbe state of Illinois to Blanchard and Arnold, the defendants in this action.
Read the full summary
APPEAL from tbe Circuit Court for Milwaukee County. One Coe obtained letters patent from tbe United States for a certain “ improvement in barrows,” and in 1860 assigned tbe right to make and sell tbe same in tbe state of Illinois to Blanchard and Arnold, the defendants in this action. In part payment therefor, the defendants executed to Coe their two notes, each for $466.66. After tbe notes became due, they were transferred to the plaintiff, who brought this action upon them, claiming to be the lawful owner and holder. ■ The answer set up as a defense an entire failure of the consideration,…
1Opinion of the Court
By the Court,
DIXON. C. J.
The meaning of the word 11 useful,” as employed in the patent act, is thus defined by Judge Story : “ By useful invention, in the statute, is meant such a one as may be applied to some beneficial use in society, in contradistinction to an invention which is injurious to the morals, the health, or the good order of society. It is not necessary to establish that the invention is of such general utility as to supersede all other inventions now in practice to accomplish the same purpose. It is sufficient that it has no noxious or mischievous tendency; that it may be…
2Cases cited4 opinions
- Bedford v. HuntU.S. Circuit Court for the District of Massachusetts · 1817
- Graetz v. McKenzieWashington Supreme Court · 1891
- State ex rel. Stimson Mill Co. v. Board of Harbor Line CommissionersWashington Supreme Court · 1892
- Stanley v. WhippleU.S. Circuit Court for the District of Ohio · 1839
3Cited by11 opinions
- Penn v. Garabed GulbenkianCourt of Appeals of Texas · 1951
- Giblin v. North Wisconsin Lumber Co.Wisconsin Supreme Court · 1907
- Ayers v. ReidelWisconsin Supreme Court · 1893
- Herman v. GrayWisconsin Supreme Court · 1891
- Page v. DickersonWisconsin Supreme Court · 1871
6 more not listed; retrieve them via the Exa API.