United Nickel Co. v. Worthington
U.S. Circuit Court for the District of Massachusetts
This action at law, for damages for the infringement of two patents, was brought November 21, 1877, and was now submitted to the court upon agreed facts. The defendants were the American Nickel Plating Works, a corporation duly organized under the general laws of Massachusetts, three directors and one stockholder of the company, and one workman.
Read the full summary
This action at law, for damages for the infringement of two patents, was brought November 21, 1877, and was now submitted to the court upon agreed facts. The defendants were the American Nickel Plating Works, a corporation duly organized under the general laws of Massachusetts, three directors and one stockholder of the company, and one workman. When this action was brought, a suit in equity was pending by the same plaintiffs against the corporation, and one Anthes, which resulted in a final decree for the plaintiffs, not for profits, but for damages assessed at $13,000, and upwards, and a…
1Opinion of the CourtLowell, C. J.
The final decree of this court in the equity suit being for damages in respect to the very same infringements now in *393suit, is a merger of the cause of action as against the corporation. The hardship of the case arises from the course of practice by which security can be had by attachment in actions at law, but not in equity, excepting when an injunction nisi is ordered, and so it has hapxiened that the present action might have been more productive to the plaintiffs than that which they pursued. It does not appear that this point had occurred to plaintiffs when they moved before Judge Shepley…
2Cases cited3 opinions
- Lightner v. BrooksU.S. Circuit Court for the District of Massachusetts · 1864
- Heaton v. QuintardU.S. Circuit Court for the District of Southern New York · 1869
- Lightner v. KimballU.S. Circuit Court for the District of Massachusetts · 1868
3Cited by12 opinions
- Dangler v. Imperial MacH. Co.Court of Appeals for the Seventh Circuit · 1926
- Powder Power Tool Corporation v. Powder Actuated Tool Company, Inc., and Frank J. KlunkCourt of Appeals for the Seventh Circuit · 1956
- National Cash-Register Co. v. LelandCourt of Appeals for the First Circuit · 1899
- Cazier v. Mackie-Lovejoy Mfg. Co.Court of Appeals for the Seventh Circuit · 1905
- Glucose Sugar Refining Co. v. St. Louis Syrup & Preserving Co.U.S. Circuit Court for the District of Eastern Missouri · 1905
7 more not listed; retrieve them via the Exa API.