Legal Opinion

Shavor v. United States

United States Court of Claims

Decided December 15, 1868PublishedCited by 3 opinions

This is a claim brought by the claimants as assignees of an invention for post-marking and stamp canceling letters, for the use thereof by the government.

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This is a claim brought by the claimants as assignees of an invention for post-marking and stamp canceling letters, for the use thereof by the government. This principle was invented by Norton as early as the year 1853, he having filed his original caveat on the 13th of October, 1853; which caveat was, on the 11th of March, 1854,' so improved and changed in construction as to' cover the principles of the patent now in use in the Post Office Department, the patent therefor having issued on the 14th of April, 1863, and formally assigned to the claimants in accordance with an agreement before…

1Opinion of the Court

Nott, J.,

delivered tbe opinion of tbe court:

Tbis action is brought to recover tbe sum of $250,000, for tbe use in tbe Post Office Department of Norton’s patent right for tbe cancellation of postage stamps, and tbe postmarking of letters.

Tbe case presents some of the gravest questions of law, going to tbe jurisdiction of tbe court, to tbe powers of tbe Executive Departments, to tbe evidence, and to tbe measure of damages that have ever been brought before tbe court. It has also been three times elaborately argued: once upon demurrer, wbicb tbe court'with grave doubts overruled; again at tbe…

2Cited by3 opinions

  1. Campbell v. JamesU.S. Circuit Court for the District of Southern New York · 1879
  2. Bradley ex rel. Shepherd v. United StatesUnited States Court of Claims · 1877
  3. Dix Island Granite Co. v. United StatesUnited States Court of Claims · 1876

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