Legal Opinion

Victory Bottle Capping Mach. Co. v. O. & J. Mach. Co.

Court of Appeals for the First Circuit

Decided May 17, 1922No. 1529PublishedCited by 25 opinions

Appeal from the District Court of the United States for the District of Massachusetts; George W. Anderson, Judge. Suit in equity, by the Victory Bottle Capping Machine Company, Inc., against the O. & J. Machine Company and others. Decree for defendants, and plaintiff appeals.

1Opinion of the Court

MORRIS, District Judge.

This is an appeal by the Victory Bottle Capping Machine Company, Inc., plaintiff, appellant, from an interlocutory decree of the District Court of Massachusetts dismissing plaintiff’s bill in equity, and granting defendant the O. & J. Machine Company cancellation under its counterclaim of an agreement between the parties, an injunction for the enforcement of cancellation, and damages for failure of consideration.

The subject-matter of this litigation is the Oliver patent, No. 1,310,-960, applicable to bottle-capping machines.

About January 1, 1919, Ernest A. Oliver, of…

2Cases cited21 opinions

  1. Pratt v. Paris Gas Light & Coke Co.Supreme Court of the United States · 1897
  2. Bloomer v. McQuewanSupreme Court of the United States · 1853
  3. Adams v. BurkeSupreme Court of the United States · 1873
  4. Marston v. . SwettNew York Court of Appeals · 1876
  5. Canal Co. v. HillSupreme Court of the United States · 1872

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

3Cited by25 opinions

  1. Zenith Laboratories, Inc., on Behalf of Itself and All Others Similarly Situated v. Carter-Wallace, IncCourt of Appeals for the Third Circuit · 1976
  2. Duplan Corp. v. Deering Milliken, Inc.District Court, D. South Carolina · 1977
  3. Cold Metal Process Co. v. Republic Steel Corp.District Court, N.D. Ohio · 1954
  4. Wynne v. AllenSupreme Court of North Carolina · 1957
  5. Preformed Line Products Co. v. Fanner Manufacturing Co.District Court, N.D. Ohio · 1962

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

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