Hygienic Chemical Co. v. Provident Chemical Works
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United States for the Southern District of New York. Action by the Provident Chemical Works against the Hygienic Chemical Company. Judgment for plaintiff (170 Fed. 523), and defendant brings error. In the following statement and opinion the parties are designated as in the Circuit Court. The plaintiff and the defendant are'both corporations engaged in the drug and chemical trade.
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In Error to the Circuit Court of the United States for the Southern District of New York. Action by the Provident Chemical Works against the Hygienic Chemical Company. Judgment for plaintiff (170 Fed. 523), and defendant brings error. In the following statement and opinion the parties are designated as in the Circuit Court. The plaintiff and the defendant are'both corporations engaged in the drug and chemical trade. The Rumford Chemical Works is a corporation carrying on a similar business and claiming to own a certain patent, known as the “Catlin patent,” for manufacturing granular…
1Opinion of the CourtNoyes, Circuit Judge
(after stating the facts as above). The first question in this case is whether the obligation of the defendant, under its agreement to defend suits and to bear equally with the plaintiff “the cost and expense of such defenses,” required it to pay one-half the costs which the decree adjudged that the Rumford Chemical Works should recover from the plaintiff. If the agreement relates only to the cost and expense actually incurred in the conduct of the defense to the suit, it manifestly does not include these taxable costs. On the other hand, if the agreement amounts to an indemnity contract, it…
2Cited by7 opinions
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- Furman v. CirritoCourt of Appeals for the Second Circuit · 1986
- Territory v. Honolulu Rapid Transit & Land Co.Hawaii Supreme Court · 1916
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