Legal Opinion

Smith v. Sargent Manuf'g Co.

U.S. Circuit Court for the District of Southern New York

Decided May 18, 1895PublishedCited by 5 opinions

This was an action at law by Herbert S. Smith against the Sargent Manufacturing Company for‘alleged infringement of a patent. Defendant demurs to the complaint for want of jurisdiction.

1Opinion of the Court

WHEELER, District Judge.

The plaintiff is a citizen of New York; the defendant is a corporation and citizen of Michigan; and the suit is brought for an alleged infringement in this district of letters patent of the United States No. 185,198, issued to the plaintiff for an improvement in wheeled thairs, and therefore arises under the patent-right laws of the United States. The defendant has demurred to the complaint, assigning for cause want of jurisdiction “of the person of the defendant,” because the suit is brought in another district than that whereof the defendant is an inhabitant. The act…

2Cases cited3 opinions

  1. In Re HohorstSupreme Court of the United States · 1893
  2. United States v. MooneySupreme Court of the United States · 1885
  3. Chaffee v. HaywardSupreme Court of the United States · 1858

3Cited by5 opinions

  1. Stonite Products Co. v. Melvin Lloyd Co.Supreme Court of the United States · 1942
  2. Bowers v. Atlantic, G. & P. Co.U.S. Circuit Court for the District of Southern New York · 1900
  3. Earl v. Southern Pac. Co.U.S. Circuit Court for the District of Northern California · 1896
  4. National Button Works v. WadeU.S. Circuit Court for the District of Southern New York · 1896
  5. Lederer v. RankinU.S. Circuit Court for the District of Southern Ohio · 1898

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