Kansas City Hay-Press Co. v. Devol
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court oí the United States for the Western District of Missouri. This suit was brought by the Kansas City Hay-Press Company, the appellant, against H. S. Devol, George Devol, and W. S. Livengood, the appellees, to restrain the infringement of the following letters patent, to wot: Patent No. 338,-898, issued to Ephraim C. Sooy March 8,1887; patent No. 333.012, issued to said Sooy May 17,1887: patent No. 380.330, issued to said Sooy July 17,1888; patent…
Read the full summary
Appeal from the Circuit Court oí the United States for the Western District of Missouri. This suit was brought by the Kansas City Hay-Press Company, the appellant, against H. S. Devol, George Devol, and W. S. Livengood, the appellees, to restrain the infringement of the following letters patent, to wot: Patent No. 338,-898, issued to Ephraim C. Sooy March 8,1887; patent No. 333.012, issued to said Sooy May 17,1887: patent No. 380.330, issued to said Sooy July 17,1888; patent No. 394,023, issued to said Sooy on December 18,1888; patent No. 450,239, issued to said Sooy July 21, 1891; and patent…
1Opinion of the CourtThayer, Circuit Judge
The circuit court found that the complainant below, who is the appellant here, had not established its title to patent No. 495,944, issued April 18, 1893; and it accordingly dismissed the bill without considering the other patents, upon the theory, no doubt, that there *732could be no recovery unless the complainant established its right to an injunction and an accounting as to each patent counted upon in the complaint. Hay-Press Co. v. Devol, 72 Fed. 717, 723. This was an error. The bill charges, and it is also obvious, that the devices covered by the several patents were capable of embodiment…
2Cases cited6 opinions
- Seymour v. OsborneSupreme Court of the United States · 1871
- Hayes v. DaytonU.S. Circuit Court for the District of Southern New York · 1880
- Kansas City Hay-Press Co. v. DevolU.S. Circuit Court for the District of Western Missouri · 1896
- Nourse v. AllenU.S. Circuit Court for the District of Southern New York · 1859
- Horman Patent Manuf'g Co. v. Brooklyn City R.U.S. Circuit Court for the District of Eastern New York · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Imperial Mach. Co. v. N. R. Streeter & Co.District Court, W.D. New York · 1914
- In re Pratt Laundry Co.District Court, D. Connecticut · 1924