Legal Opinion

Horton Trust Co. v. Standard Steel Car Co.

Court of Appeals for the Third Circuit

Decided February 15, 1910No. 87 (1,289)PublishedCited by 3 opinions

Appeal from the Circuit Court of the United States for the Western District of Pennsylvania. Suit in equity by the Morton Trust Company and the Pressed Steel Car Company against the Standard Steel Car Company. Decree for defendant (171 Fed. 672), and complainants appeal.

1Opinion of the Court

LANNING, Circuit Judge.

The "patent in suit, No. 736,831, is for an improvement in bending machines, and was granted August 18, 1903, to Pressed Steel Car Company, assignee of Christopher Flinn. The bill of complaint was dismissed by the decree of the Circuit Court, and the defendant, the appellee here, insists that the decree should be affirmed, on the ground that the proofs show that, immediately upon receiving notice of the patent, which was by the commencement of this suit only, it dismantled the machine it had been using, and has not since used any machine embodying any of the…

2Cited by3 opinions

  1. General Electric Co. v. Independent Lamp & Wire Co.District Court, D. New Jersey · 1920
  2. Luten v. Dover Const. Co.U.S. Circuit Court for the District of New Jersey · 1911
  3. Cutler Mail Chute Co. v. Capital Mail Chute Corp.District Court, E.D. New York · 1940

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