Head v. Stevens & Simonds
New York Supreme Court
This was an action of assumpsit, tried at the Oneida circuit in October, 1836, before the Hon. Hiram Denio then one of the circuit judges.
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This was an action of assumpsit, tried at the Oneida circuit in October, 1836, before the Hon. Hiram Denio then one of the circuit judges. The suit was brought upon several promissory notes given by the defendants to the plaintiffs, the consideration of which it was admitted was the assignment of a patent right to make and use and vend to others to be used an improved patent cider mill, invented by Constant H. Wicks, to whom letters patent for the same had been granted on 9th April, 1837; Wicks having assigned his right to the plaintiffs, who transferred the same to the defendant Stevens. The…
1Opinion of the Court
By the Court,
Cowen, J.
The specification of an improvement in the teeth or brads, without showing in what respect particularly, but merely describing what the teeth or brads were, is defective. That the patent and specification are, therefore, void pro tanto was not denied at the trial; nor is it now, unless it can be made good by a reference to Farnham’s. Clearly that can not be done. The particular specification in question, must be perfect of itself.
Then it is said the specification shall avail as far as it is good, viz. for the improvement made upon the box ; and so the judge held. Valeat…
2Cases cited3 opinions
- Cross v. HuntlyNew York Supreme Court · 1835
- Moody v. FiskeU.S. Circuit Court for the District of Massachusetts · 1820
- Woodcock v. ParkerU.S. Circuit Court for the District of Massachusetts · 1813
3Cited by9 opinions
- Pratt v. Paris Gas Light & Coke Co.Supreme Court of the United States · 1897
- Page v. DickersonWisconsin Supreme Court · 1871
- Brown v. Texas Cactus Hedge Co.Texas Supreme Court · 1885
- Rice v. GarnhartWisconsin Supreme Court · 1874
- Merserole v. Union Paper Collar Co.U.S. Circuit Court for the District of Southern New York · 1869
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