Edison Electric Light Co. v. Equitable Life Assur. Soc.
U.S. Circuit Court for the District of Southern New York
In Equity. Bill by the Edison Electric Light Company and others against the Equitable Life Assurance Society of the United States. Defendant died a plea alleging laches and acquiescence in defendant’s alleged infringement for 11 years.
1Opinion of the Court
OOXE, District Judge.
The defendant asks by the plea to have the bill dismissed on the ground of laches. Ho authority for this practice in an infringement suit is cited by counsel. There is no doubt, however, that the defense of the statute of limitations may be presented by plea. 2 Daniell, Ch. Pl. & Pr. 728; Story, Eq. Pl. § 757. It has also been held that a party, who for 40 years had been in peaceable possession of premises sought to be recovered, could present the question of laches by a plea. Blewitt v. Thomas, 2 Ves. Jr. 669. Bo in an action for rent, the defense of 26 years’…
2Cases cited9 opinions
- McLean v. FlemingSupreme Court of the United States · 1878
- Menendez v. HoltSupreme Court of the United States · 1888
- Galliher v. CadwellSupreme Court of the United States · 1892
- Hammond v. HopkinsSupreme Court of the United States · 1892
- Badger v. BadgerSupreme Court of the United States · 1865
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3Cited by4 opinions
- Foster v. Callaghan & Co.District Court, S.D. New York · 1918
- National Cash Register Co. v. Union Computing Mach. Co.U.S. Circuit Court for the District of New Jersey · 1906
- Imperial Chemical Manuf'g Co. v. SteinU.S. Circuit Court for the District of Southern New York · 1895
- Wilcox & White Co. v. Farrand Organ Co.U.S. Circuit Court for the District of Eastern Pennsylvania · 1905