Edison General Electric Co. v. Thackara Manufacturing Co.
Supreme Court of Pennsylvania
Appeal, No. 189, July T., 1894, by defendant, from order of C. P. No. 1, Phila. Co., June T., 1898, No. 686, making absolute a rule for judgment for want of a sufficient affidavit of defense. Assumpsit for royalties on a patent.
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Appeal, No. 189, July T., 1894, by defendant, from order of C. P. No. 1, Phila. Co., June T., 1898, No. 686, making absolute a rule for judgment for want of a sufficient affidavit of defense. Assumpsit for royalties on a patent. From tbe record it appeared that the suit was brought to recover royalties claimed to be due under a license for the manufacture of certain electric light fixtures and other apparatus covered by certain letters patent of the United States specified in the license. The license agreement provided that the defendant should pay to the plaintiffs a royalty of three per…
1Opinion of the Court
Opinion by
Me. Justice Mitchell,
The plaintiffs’ case comes before us in an exceedingly un*534favorable light, from the apparent recklessness with which facts are sworn to which they should have known to be untrue. Plaintiffs in their statement “ aver that there is justly due to them by defendants the sums of $571.43 with interest from October 1, 1891; $571.43 with interest from January 1, 1892; $571.43 with interest from April 1,1892,” and four other similar quarterly sums with interest from later dates, and this statement is sworn to. The affidavit of defense avers explicitly that the defendant “…
2Cases cited4 opinions
- Angier v. Eaton, Cole & Burnham Co.Supreme Court of Pennsylvania · 1882
- Jarecki v. HaysSupreme Court of Pennsylvania · 1894
- Patterson's AppealSupreme Court of Pennsylvania · 1882
- Hardwick v. GalbraithSupreme Court of Pennsylvania · 1892
3Cited by10 opinions
- Jonnet Development Corp. v. Dietrich Industries, Inc.Supreme Court of Pennsylvania · 1983
- Hotchkiss v. Fitzgerald Patent Prepared Plaster Co.West Virginia Supreme Court · 1895
- Wilfley v. New Standard Concentrator Co.Court of Appeals for the Ninth Circuit · 1908
- The Armstrong Co. v. Shell Co. of Cal.California Court of Appeal · 1929
- Universal Rim Co. v. ScottDistrict Court, N.D. Ohio · 1922
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