Bijur Motor Lighting Co. v. Eclipse Mach. Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Western District of New York. Suit in equity by the Bijur Motor Lighting Company against the Eclipse Machine Company and Vincent Bendix. Decree for defendants on original bill and for defendant Bendix on counterclaim, and complainant appeals. Tile plaintiff (hereinafter called "Bijur Company”) owns the patent described in the document below given, covering an invention of Joseph Bijur, Its president.
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Appeal from the District Court of the United States for the Western District of New York. Suit in equity by the Bijur Motor Lighting Company against the Eclipse Machine Company and Vincent Bendix. Decree for defendants on original bill and for defendant Bendix on counterclaim, and complainant appeals. Tile plaintiff (hereinafter called "Bijur Company”) owns the patent described in the document below given, covering an invention of Joseph Bijur, Its president. The bill alleged in usual form infringement by the defendants, who, admitting in substance that they were using Bijur’s invention,…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). [1] The foregoing facts we consider established; so did the lower court in substance ; and from that decision we should hesitate to depart, were we inclined so to do. The difference between spoken word and printed page is something that rightly gives to a decree, following open trial and dealiiiF with facts, a weight not easily overstated. Brookheim v. Greenbaum, 225 Fed. 763, 141 C. C. A. 89.
From these physical facts, we infer that all the men who met on July 9th at counsel’s office infeuded to make a contract, if they could agree on terms, and we think…
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- Harrison v. FortlageSupreme Court of the United States · 1896
- Rathbun v. . SnowNew York Court of Appeals · 1890
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- Phoenix Oil Co. v. Mid-Continent Petroleum Corp.Supreme Court of Oklahoma · 1936
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