Smead Warming & Ventilating Co. v. Fuller & Warren Co.
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the Northern District of New York. In Equity. Bill by the Smead Warming & Ventilating Company against Fuller & Warren Company and the Fuller & Warren Warming & Ventilating Company for infringement of letters patent No. 314,884, granted March 31, 1885, to Isaac D. Smead, for a dry closet. The bill was dismissed-in the court below, and complainant appeals.
1Opinion of the Court
SHIPMAN, Circuit Judge.
This is an appeal from a decree of the circuit court for the northern district of New York, which dismissed the complainant’s bill in equity for an alleged infringement of letters patent of the United States No. 314,884, dated March 31, 1885, to Isaac D. Smead, for a dry closet.
This patent had previously been the subject of examination in the same court in the case of Smead v. School Disk, 44 Fed. Rep. 614. The opinion of Judge Wallace in that case contained the following careful description of the invention: <
“The 'dry closet of .the patent is one in which air is used…
2Cases cited3 opinions
- Railway Co. v. SaylesSupreme Court of the United States · 1878
- Merrill v. YeomansSupreme Court of the United States · 1877
- Railroad Co. v. MellonSupreme Court of the United States · 1881
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- Diamond Patent Co. v. S. E. Carr Co.Court of Appeals for the Ninth Circuit · 1914
- Wagner Typewriter Co. v. Wyckoff, Seamans & BenedictCourt of Appeals for the Second Circuit · 1907
- Westinghouse v. New York Air-Brake Co.U.S. Circuit Court for the District of Southern New York · 1893
- Electric Smelting & Aluminum Co. v. Pittsburg Reduction Co.Court of Appeals for the Second Circuit · 1903
- New Departure Bell Co. v. Bevin Bros. Manuf'g Co.U.S. Circuit Court for the District of Connecticut · 1894
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