Legal Opinion

Blanchard's Gun-Stock Turning Factory v. Jacobs

U.S. Circuit Court for the District of Southern New York

Decided November 16, 1847PublishedCited by 2 opinions

At law. This was an action on the case [by Blanchard’s Gun-Stock Turning Factory against Laban Jacobs] for the infringement of letters patent, granted to Thomas Blanchard for “a machine for turning and cutting irregular forms.” See Blanchard’s Gun-Stock Turning Factory v. "Warner [Case No. 1,521]. The alleged infringement consisted in the use of the patented improvements in the manufacture of handles for hatchets.

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At law. This was an action on the case [by Blanchard’s Gun-Stock Turning Factory against Laban Jacobs] for the infringement of letters patent, granted to Thomas Blanchard for “a machine for turning and cutting irregular forms.” See Blanchard’s Gun-Stock Turning Factory v. "Warner [Case No. 1,521]. The alleged infringement consisted in the use of the patented improvements in the manufacture of handles for hatchets. At the tidal the plaintiffs had a verdict, and the defendant now moved for a new trial, on a case. The points raised sufficiently appear from the opinion of the court.

1Opinion of the Court

BETTS, District Judge.

The defendant moves to set aside the verdict rendered against him, as being without evidence to support it. It appears that one Pike, a subtenant of the defendant, had used a machine for turning hatchet handles, which was a violation of the Blanchard patent. The handles were manufactured for the defendant. Pike had come to the place at the instance of the defendant, and there was evidence of a relationship by marriage between them. The defendant gave evidence for the purpose of showing that he purchased the hatchet handles from Pike at fixed prices, and that he had no…

2Cases cited6 opinions

  1. Douglass v. TouseyNew York Supreme Court · 1829
  2. Lewis v. PaynNew York Supreme Court · 1830
  3. Williams v. BaldwinNew York Supreme Court · 1821
  4. Smith v. HicksNew York Supreme Court · 1830
  5. Brown v. WildeNew York Supreme Court · 1815

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Bust v. Cornell Steam-Boat Co.U.S. Circuit Court for the District of Southern New York · 1885
  2. Henning v. Western Union Tel. Co.U.S. Circuit Court for the District of South Carolina · 1890

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