George Frost Co. v. Samstag
Court of Appeals for the Second Circuit
' Appeal from the Circuit Court of the United States for the Southern District of New York. Suit by the George Frost Company and another against Henry F. Samstag and others. From a decree of the Circuit Court for the Southern District of New York dismissing the bill on the ground that letters patent No. 552,470, for hose supporters, was not infringed ([C. C.] 173 Fed. 793), complainants appeal.
1Opinion of the Court
WARD, Circuit Judge.
This patent has been heretofore considered by this court and upheld as for an invention which made the first really practical garment supporter. The Circuit Court in Frost v. Cohn (C. C.) 112 Fed. 1009, and this court on appeal — 119 Fed. 505, 56 C. C. A. 185 — have -held that Gorton’s invention was the substitution in garment supporters of rubber or an equivalent material for the button in combination with the old metal pear-shaped loop in place of any other material previously used. Judge Coxe said:
“The crucial question is one of invention. It is argued by the defendants…
2Cases cited4 opinions
- Hicks v. KelseySupreme Court of the United States · 1874
- George Frost Co. v. CohnCourt of Appeals for the Second Circuit · 1902
- George Frost Co. v. CohnU.S. Circuit Court for the District of Southern New York · 1901
- Union Hardware Co. v. SelchowU.S. Circuit Court for the District of Southern New York · 1901
3Cited by6 opinions
- General Electric Co. v. Hoskins Mfg. Co.Court of Appeals for the Seventh Circuit · 1915
- Abrahams v. Universal Wire Co.District Court, E.D. New York · 1926
- Protector Last Re-Enforcing Co. v. John Pell & Son, Inc.District Court, D. New Jersey · 1913
- David E. Kennedy, Inc. v. Beaver Tile & Specialty Co.District Court, S.D. New York · 1916
- In re MitchelCourt of Customs and Patent Appeals · 1939
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