Bronk v. Charles H. Scott Co.
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the United States for the Eastern Division of the Northern District of Illinois; George A. Carpenter, Judge. Action by Alice M. Aiken Bronk against the Charles H. Scott Company. Judgment for defendant, and complainant appeals. This is an appeal from a decree dismissing for want of equity appellant’s bill charging appellee with having infringed patent No. 899,196, September 2, 1908, issued to appellant for a sanitary protector.
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Appeal from the District Court of the United States for the Eastern Division of the Northern District of Illinois; George A. Carpenter, Judge. Action by Alice M. Aiken Bronk against the Charles H. Scott Company. Judgment for defendant, and complainant appeals. This is an appeal from a decree dismissing for want of equity appellant’s bill charging appellee with having infringed patent No. 899,196, September 2, 1908, issued to appellant for a sanitary protector. Figure 3 of the drawings is as follows: In the specification the construction of the patented article ,is described in these words:…
1Opinion of the CourtBaker, Circuit Judge
(after stating the facts as above). If the decree cannot be sustained by an application of the law to the facts admitted by appellant in her bill and in her answers to appellee’s interrogatories, the cause must be remanded for trial in due course. Undoubtedly the purpose of authorizing interrogatories was to enable the court to make a summary disposition of a cause by applying the law to an admitted state of facts; but, when the facts are not admitted, neither that rule nor any other warrants a summary disposition on affidavits or other untested showings by the party moving for the summary…
2Cases cited2 opinions
- Krell Auto Grand Piano Co. v. Story & Clark Co.Court of Appeals for the Seventh Circuit · 1913
- Lange v. McGuinCourt of Appeals for the Seventh Circuit · 1910
3Cited by25 opinions
- Marie Magee and Donald F. Guilliams v. The Coca-Cola Company, Coca-Cola Bottling Co. Of Chicago, Inc. And Chicago Concessions, Inc.Court of Appeals for the Seventh Circuit · 1956
- Miami Bridge Co. v. Miami Beach Railway Co.Supreme Court of Florida · 1943
- Luten v. CampDistrict Court, E.D. Pennsylvania · 1915
- J. H. Day Co. v. Mountain City Mill Co.District Court, E.D. Tennessee · 1915
- Reconstruction Finance Corp. v. Central Republic Trust Co.District Court, N.D. Illinois · 1935
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