Wappler Electric Co. v. Bronx Hospital & Dispensary

HUTCHESON, District Judge.

This suit was originally brought on four patents. By a stipulation reached before announcement for trial, the cause was discontinued as to three of the patents without prejudice, and the trial went on as to the patent to R. H. Wappler, No. 1,371,404, and on claims 4 and 5 thereof. Because, as stated by the plaintiff, the suit was based upon the use of a single machine, for which any damage recoverable would be small, an accounting was waived.

Counsel appearing for the defendant stated in open court and on the record that they were actually appearing at the request of,…