Neenan v. Otis Elevator Co.
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the Southern District of New York. Suit iu equity by Michael C. Neenan against the Otis Elevator Company. Decree for complainant, and defendant appeals. The following are the statement of the case and the opinion of the court below: This cause now comes up for final hearing after the taking of more testimony by both sides designed to show the extent of the defendant’s default.
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Appeal from the Circuit Court of the United States for the Southern District of New York. Suit iu equity by Michael C. Neenan against the Otis Elevator Company. Decree for complainant, and defendant appeals. The following are the statement of the case and the opinion of the court below: This cause now comes up for final hearing after the taking of more testimony by both sides designed to show the extent of the defendant’s default. The original facts as contained in the testimony first taken are set forth in tho opinion of this court filed on June 2, 1910'. 180 Fed. 997. The complainant took…
1Opinion of the Court
COXE, Circuit Judge.
The facts are so fully set out in the opinions delivered by the J udge of the Circuit Court and filed, respectively, June 2, 1910, May 22, 1911, and June 2, 1911, that it will not be necessary to restate them in detail.
[1] The dilemma in which the defendant is placed by the proofs is this: The Neenan patents are either for valuable inventions or they are not. If worthless, the defendant will not he injured, but on the contrary will be benefited, by re-assigning them on receiving the amount it has paid. If, on the other hand, the patents cover valuable inventions, the…
2Cited by9 opinions
- Western Geophysical Company of America, Inc. v. Bolt Associates, Inc., Bolt Associates, Inc., Third-Party v. Litton Industries, Inc., Third-PartyCourt of Appeals for the Second Circuit · 1978
- Sylvania Industrial Corporation v. Lilienfeld's EstateCourt of Appeals for the Fourth Circuit · 1943
- Mechanical Ice Tray Corp. v. General Motors Corp.Court of Appeals for the Second Circuit · 1944
- Williams v. Babcock & Wilcox Co.Court of Appeals for the Third Circuit · 1959
- Crowe v. Oscar Barnett Foundry Co.District Court, D. New Jersey · 1914
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