Kellogg Switchboard & Supply Co. v. Glen Telephone Co.
U.S. Circuit Court for the District of Southern New York
In Equity. On plea. On the 17th day of March, 1902, the complainant, Kellogg Switchboard & Supply Company, an Illinois corporation, filed in this court its bill of complaint against the defendants therein, Glen Telephone Company, a domestic corporation, and J. S. G. Edwards, E. D. Parkhurst, and Howard A. De Graff, its president, secretary, and treasurer, respectively, alleging, with all necessary and pertinent statements, an infringement by defendant company of letters…
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In Equity. On plea. On the 17th day of March, 1902, the complainant, Kellogg Switchboard & Supply Company, an Illinois corporation, filed in this court its bill of complaint against the defendants therein, Glen Telephone Company, a domestic corporation, and J. S. G. Edwards, E. D. Parkhurst, and Howard A. De Graff, its president, secretary, and treasurer, respectively, alleging, with all necessary and pertinent statements, an infringement by defendant company of letters patent numbered 689,953, dated December 31, 1901, being a patent relating to the operation of the telephone system, with the…
1Opinion of the CourtRay, District Judge
(after stating the facts). Assuming that this action is between the same parties (not strictly true, yet true in effect), and for the same cause and purpose, the present suit being for an alleged infringement of reissued letters patent, and the former action for alleged infringement (the same acts at same dates) of the original letters patent, the question is whether or not the order of Judge Coxe is effective prior to the payment of defendants’ costs. If not •effective, is such order a nullity, or one that may be invoked for the purpose of staying the further prosecution of the present…
2Cases cited9 opinions
- Cummins v. BennettNew York Court of Chancery · 1840
- Barton v. . SpeisNew York Court of Appeals · 1878
- Saxton v. StowellNew York Court of Chancery · 1845
- Wessels v. . BoettcherNew York Court of Appeals · 1894
- Jackson ex dem. Livingston against EdwardsNew York Supreme Court · 1823
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