Liddle v. Cory
U.S. Circuit Court for the District of Southern New York
This was a motion for an attachment against the defendants [Uzal Cory and William D. Cory] for violating an injunction issued upon a final decree, in a suit brought for the infringement of letters patent, granted to the plaintiff [Robert T. Liddle] for an improvement in air-heating furnaces.
Read the full summary
This was a motion for an attachment against the defendants [Uzal Cory and William D. Cory] for violating an injunction issued upon a final decree, in a suit brought for the infringement of letters patent, granted to the plaintiff [Robert T. Liddle] for an improvement in air-heating furnaces. After the issuing of the injunction, the defendants sold and caused to be erected, a furnace, which they called the Excelsior Furnace, and which the plaintiff insisted was an infringement of his patent. The motion was founded on affidavits of experts and others, tending to show that the furnace as erected…
1Opinion of the Court
BENEDICT, District Judge.
The affidavits on both sides have covered many matters which I do not deem pertinent to the question involved in this motion. For the purposes of this motion, the decree in favor of the plaintiff must be deemed conclusive of all questions fairly involved in the suit, and, until it be set aside, as determining beyond dispute the validity of the plaintiff’s patent, and that the acts complained of in the suit were an infringement. I therefore pass over the conflicting statements as to what was intended by the parties to be the effect of the decree, and consider only the…
2Cited by1 opinion
- Smith v. HalkyardU.S. Circuit Court for the District of Rhode Island · 1884