Whitely v. Swayne
Supreme Court of the United States
Whitely filed, a bill against Swayne, in the Circuit Court for Southern Ohio, to enjoin the use of a certain machine' known as the Kirbey .Harvester.
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Whitely filed, a bill against Swayne, in the Circuit Court for Southern Ohio, to enjoin the use of a certain machine' known as the Kirbey .Harvester. As the case was presented in the argument, he relied upon ‘ a patent granted to one Steadman, May 23,1854, for an im-' provement in clover and grass-seed harvesters, which had ■ been'assigned to him (Whitely), and surrendered, and three reissues granted to him on the 19th June, 1860. The machine complained of, and sought to be enjoined, • had been originally patented to one. Byron Dinsmore. Dins-more’s .specification was sworn to, December 31st,…
1Opinion of the CourtJustice Nelson
The plaintiff's title, and the one upon which he must succeed against the defendant, if he succeeds at all, rests upon a patent for improvements in a machine for harvesting clover and grass-seed; which improvements, after a.full and fair .trial, resulted in unsuccessful experiments, and which were finally abandoned. They never went into any useful or1 practical operation, and nothing more was heard of . them from Steadman or any other person, for a period of six years. -At the end of this period the plaintiff* takes an assignment of the patentee, and is,-doubtless, vested" with all his…
2Cited by14 opinions
- Christie v. SeyboldCourt of Appeals for the Sixth Circuit · 1893
- Williams Iron Works Co. v. Hughes Tool Co.Court of Appeals for the Tenth Circuit · 1940
- Warren Bros. Co. v. City of OwossoCourt of Appeals for the Sixth Circuit · 1909
- American Metal Cap Co. v. Anchor Cap & Closure Corp.District Court, E.D. New York · 1921
- Automatic Weighing Mach. Co. v. Pneumatic Scale Corp.U.S. Circuit Court for the District of Maine · 1908
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