Legal Opinion

Cutler-Hammer Mfg. Co. v. Curtis & Carhart, Inc.

Court of Appeals for the Second Circuit

Decided January 7, 1924No. 152PublishedCited by 12 opinions

1Opinion of the CourtHough, Circuit Judge

(after stating the facts as above). This suit began as an attempt by the Wisconsin plaintiff to sue its Wisconsin neighbor in the city of New York; the bill alleging that the defendants “and each of them” had within the Southern district of New York “jointly and severally unlawfully and wrongfully made, used, and sold” infringing switches.

As against the Wisconsin defendant the effort failed in limine, because that corporation had no “regular and established place of business” within the district. It had not even an agency therein, and the reception and even the solicitation by Curtis &…

2Cases cited4 opinions

  1. W. S. Tyler Co. v. Ludlow-Saylor Wire Co.Supreme Court of the United States · 1915
  2. Westinghouse Electric & Mfg. Co. v. Stanley Electric Mfg. Co.U.S. Circuit Court for the District of Southern New York · 1902
  3. United States Envelope Co. v. Transo Paper Co.District Court, D. Connecticut · 1916
  4. Cutler Hammer Co. v. Pawling & Harnischfeger Co.Court of Appeals for the Second Circuit · 1920

3Cited by12 opinions

  1. Bulldog Electric Products Co. v. Cole Electric Products Co.Court of Appeals for the Second Circuit · 1943
  2. Watsco, Inc. v. Henry Valve CompanyDistrict Court, S.D. New York · 1964
  3. Elevator Supplies Co. v. Wagner Mfg. Co.District Court, S.D. New York · 1931
  4. Patent Tube Corp. v. Bristol-Myers Co.District Court, S.D. New York · 1938
  5. Root v. Samuel Cupples Envelope Co.District Court, S.D. New York · 1929

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