Antisdel v. Chicago Hotel Cabinet Co.
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the Northern District of Illinois. This appeal is from an order of February 7, 1898, refusing to dissolve a preliminary injunction issued on July 17, 1894, in pursuance of an order of that date against “infringing upon the complainant’s rights under letters patent of the United States No. 486,113.” The bill shows that the patent, which bears date November 15, 1892, was issued to John A. Manly and Charles T. Daily, as…
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Appeal from the Circuit Court of the United States for the Northern District of Illinois. This appeal is from an order of February 7, 1898, refusing to dissolve a preliminary injunction issued on July 17, 1894, in pursuance of an order of that date against “infringing upon the complainant’s rights under letters patent of the United States No. 486,113.” The bill shows that the patent, which bears date November 15, 1892, was issued to John A. Manly and Charles T. Daily, as assignees of David B. Lincoln, the alleged inventor, and that, by mesne assignments duly recorded, the complainant,…
1Opinion of the CourtWoods, Circuit Judge
If considered as brought for the purpose of enforcing obligations of contract, the bill would have to be dismissed because it does not show the diverse residence and-citizenship of parties necessary to give the court jurisdiction. The contract alleged, however, is not one which could be specifically enforced, and, unless the suit is for an injunction against infringement of letters patent, no sufficient ground for equitable relief is stated.
The first proposition of the appellant — urged on the authority of Depeyster v. Graves, 2 Johns. Ch. 148; Duncan v. Finch, 10 Ill. 296; Woodworth v.…
2Cases cited14 opinions
- Reckendorfer v. FaberSupreme Court of the United States · 1876
- Hailes v. Van WormerSupreme Court of the United States · 1874
- Thompson v. BoisselierSupreme Court of the United States · 1885
- Slawson v. Grand Street RailroadSupreme Court of the United States · 1883
- Hill v. WoosterSupreme Court of the United States · 1890
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