Rowland v. Biesecker
U.S. Circuit Court for the District of Southern New York
In Equity. Suit by James Rowland against John S. Biesecker. This is an ordinary bill in equity upon a patent for a butter cutter, assigned by the patentee, Reuben S. Stone, to the complainant on November 13, 1906. The defendant, who is a dealer in dairy machines, acknowledges the infringement, and pleads in justification a written license from Stone dated July 31, 1899, for a period of five years “with a privilege of ten years.”
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In Equity. Suit by James Rowland against John S. Biesecker. This is an ordinary bill in equity upon a patent for a butter cutter, assigned by the patentee, Reuben S. Stone, to the complainant on November 13, 1906. The defendant, who is a dealer in dairy machines, acknowledges the infringement, and pleads in justification a written license from Stone dated July 31, 1899, for a period of five years “with a privilege of ten years.” The grant of the license is in the following words: “Said party of the first part (Stone) agrees to give party of the second part (the defendant) the exclusive trade…
1Opinion of the CourtHand, District Judge
(after stating the facts as above). I agree that since the change in section 858 of the Revised Statutes no testimony of conversations or other transactions between Stone and the defendant is competent evidence, and I shall disregard it altogether in the conclusions 1 shall make. Section 829 of the New York Code makes all such testimony incompetent and section 858 applies as well to suits in equity as to actions at law.
So far as concerns the claim that the license was without consideration, I need not consider whether a license without consideration is good until revoked, because there was…
2Cases cited2 opinions
- Waterman v. MacKenzieSupreme Court of the United States · 1891
- Buhl v. StephensU.S. Circuit Court for the District of Indiana · 1898
3Cited by4 opinions
- Kay v. Federal Rubber Co.Court of Appeals for the Third Circuit · 1932
- Koth v. Board of EducationSupreme Court of South Carolina · 1927
- Metropolitan Life Ins. v. EnglishDistrict Court, N.D. New York · 1923
- Rosenthal v. Celanese Corp.District Court, S.D. New York · 1942