Legal Opinion

Smith & Egge Manufacturing Co. v. Webster

Supreme Court of Connecticut

Decided May 8, 1913PublishedCited by 16 opinions

Action to recover damages for wrongfully and fraudulently appropriating and converting the model of an invention known as a pencil sharpener, which the plaintiff had perfected and was about to patent, and for an injunction and other equitable relief, brought to and tried by the Superior Court in Fairfield County, Burpee, J.; facts found and judgment rendered for the plaintiff for $2,000 damages, together with an injunction restraining the defendant from transferring said…

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Action to recover damages for wrongfully and fraudulently appropriating and converting the model of an invention known as a pencil sharpener, which the plaintiff had perfected and was about to patent, and for an injunction and other equitable relief, brought to and tried by the Superior Court in Fairfield County, Burpee, J.; facts found and judgment rendered for the plaintiff for $2,000 damages, together with an injunction restraining the defendant from transferring said patent to any one except the plaintiff, from which judgment the defendant appealed. No error. The plaintiff has for many…

1Opinion of the CourtBeach, J.

The defendant claims that the pencil sharpener exhibited to and approved by the Rapid Manufacturing Company and subsequently patented had been in fact invented by him prior to 1907 or 1908, and that he was not bound by the terms of the contract of. May 1st, 1909, to convey the saíne to the plaintiff. There was much conflicting testimony upon the question whether the improvement embodied in said model originated with the defendant prior to 1909, or whether it was first conceived in 1910 by Mr. Smith. The trial court has found this fact in favor of the plaintiff and against the defendant, and…

2Cases cited2 opinions

  1. Cordner v. HallSupreme Court of Connecticut · 1911
  2. Churchill v. WatsonSupreme Court of Connecticut · 1811

3Cited by16 opinions

  1. Becher v. Contoure Laboratories, Inc.Supreme Court of the United States · 1929
  2. Waterbury Petroleum Products, Inc. v. Canaan Oil & Fuel Co.Supreme Court of Connecticut · 1984
  3. Cream Top Creamery v. Dean Milk Co.Court of Appeals for the Sixth Circuit · 1967
  4. Oak Leaf Marina, Inc. v. ErtelConnecticut Appellate Court · 1990
  5. Varley v. MotylSupreme Court of Connecticut · 1952

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