Wheeler v. McCormick
U.S. Circuit Court for the District of Southern New York
[This was a bill in equity, filed to restrain the defendant from infringing letters patent for an “improvement in grass and grain harvesters,’’ granted to complainant December 5, 1854, reissued January 3, 1860, in seven divisions, and extended for seven years from December 5, 1868.] 2 The bill of complaint herein described the defendant as a citizen of New York, and alleged that the plaintiff was the inventor of certain improvements in grass and grain harvesters, and that…
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[This was a bill in equity, filed to restrain the defendant from infringing letters patent for an “improvement in grass and grain harvesters,’’ granted to complainant December 5, 1854, reissued January 3, 1860, in seven divisions, and extended for seven years from December 5, 1868.] 2 The bill of complaint herein described the defendant as a citizen of New York, and alleged that the plaintiff was the inventor of certain improvements in grass and grain harvesters, and that the exclusive right to make, use and sell the same was secured to him by certain letters patent, and by reissues and…
1Opinion of the Court
WOODRUFF, Circuit Judge.(1) By setting down the pleas herein for argument, the complainant admits the facts therein alleged; and the sufficiency of the pleas, as a defence, is the question to be considered. Upon the first of the defendant’s pleas, two questions, therefore, arise: 1st. Does the plea itself show that the present bill, filed in this court, is for the same cause of action as the former bill,. filed in the circuit court for the Northern district of Illinois? and, 2d. If the cause of action be the same, does the pendency of the said former suit abate the present suit?
1st. Although…
2Cited by3 opinions
- Miller & Lux v. RickeyDistrict Court, D. Nevada · 1903
- Consolidated Fastener Co. v. Columbian Fastener Co.U.S. Circuit Court for the District of Northern New York · 1896
- Gold & Stock Tel. Co. v. PearceU.S. Circuit Court for the District of Southern New York · 1884