Macey Co. v. Globe-Wernicke Co.
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the Eastern Division of the Northern District of Illinois. Suit in equity by the Globe-Wernicke Company against the Macey Company and Otto H. E. Wernicke. Decree for complainant, and defendants appeal.
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Appeal from the Circuit Court of the United States for the Eastern Division of the Northern District of Illinois. Suit in equity by the Globe-Wernicke Company against the Macey Company and Otto H. E. Wernicke. Decree for complainant, and defendants appeal. The appellants, defendants below, appeal from a decree of the Circuit Court granting an injunction and accounting for alleged infringement of letters patent No. 557,737, under .a bill filed against them by the appellee, as complainant and owner of such patent. In the bill special circumstances are averred for the relief sought against the…
1Opinion of the CourtSeaman, Circuit Judge
(after stating the facts as above). The decree appealed from runs alike against both defendants appellants, in effect adjudging infringement and granting relief against the Macey Company, as the manufacturing corporation, and Wernicke, as an individual trespasser; and the opinion of the trial court rests the decree upon this deduction of fact, as we understand the opinion: That the Macey Company was organized as a corporation, at the instigation of Wernicke (patentee and assignor of the patent in suit), for the purpose of carrying on business in violation of the rights of complainant under…
2Cases cited11 opinions
- Belknap v. SchildSupreme Court of the United States · 1896
- Globe-Wernicke Co. v. Fred Macey Co.Court of Appeals for the Sixth Circuit · 1902
- Sherin v. BrackettSupreme Court of Minnesota · 1886
- Mellor v. CarrollU.S. Circuit Court for the District of Massachusetts · 1905
- Siemens-Halske Electric Co. v. Duncan Electric Mfg. Co.Court of Appeals for the Seventh Circuit · 1905
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3Cited by5 opinions
- Chicago & A. Ry. Co. v. Pressed Steel Car Co.Court of Appeals for the Seventh Circuit · 1917
- Douglass v. United States Appliance Corp.Court of Appeals for the Ninth Circuit · 1949
- Tom Lockerbie, Inc. v. FruhlingDistrict Court, E.D. Wisconsin · 1962
- Martin Gauge Co. v. PollockDistrict Court, N.D. Illinois · 1918
- J. R. Clark Co. v. Jones & Laughlin Steel Corp.District Court, S.D. Indiana · 1960