Legal Opinion

Winkley Co. v. Bowen Mfg. Co.

U.S. Circuit Court for the District of Northern New York

Decided July 25, 1910PublishedCited by 2 opinions

Action by the Winkley Company against the Bowen Manufacturing Company and another. Motion to compel the complainant to give security for costs.

1Opinion of the Court

RAY, District Judge.

This cause — suit in equity for alleged infringement of a patent — has been at issue some 18 months, and for some 8 months the defendant has been taking proofs in answer to complainant's prima facie case. Many motions for extensions of time to take such proofs have been made, and now, when complainant has fixed a time in July when it will take proofs, the defendant makes this motion, and asks security in the sum of $2,500, with securities in New York state and a stay until such security is given. There is no pretense that the complainant is insolvent or unable to pay any…

2Cases cited7 opinions

  1. Churchman v. MerrittNew York Supreme Court · 1888
  2. Wood v. BlodgettNew York Supreme Court · 1888
  3. Lyman Ventilating & Refrigerator Co. v. SouthardU.S. Circuit Court for the District of Northern New York · 1875
  4. Sims v. BonnerThe Superior Court of the City of New York and Buffalo · 1891
  5. Hugunin v. ThatcherU.S. Circuit Court for the District of Northern New York · 1883

2 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Leake v. New York Cent. R. Co.District Court, N.D. New York · 1939
  2. Silvas v. Arizona Copper Co.Court of Appeals for the Ninth Circuit · 1915

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