Cramer v. Singer Mfg. Co.
Court of Appeals for the Ninth Circuit
In Error to the Circuit Court of the United States for the Northern District of California. The plaintiff in error was the plaintiff in an action brought against the Singer Manufacturing Company for the infringement of letters patent No. 271,426, for an improvement in treadles for sewing machines, issued January 30, 1883, to Herman Cramer.
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In Error to the Circuit Court of the United States for the Northern District of California. The plaintiff in error was the plaintiff in an action brought against the Singer Manufacturing Company for the infringement of letters patent No. 271,426, for an improvement in treadles for sewing machines, issued January 30, 1883, to Herman Cramer. The defendant, among other defenses, pleaded that, in an action brought on May 31, 1893, jointly against the defendant and one Willis B. Fry for infringement of the same patent, from which action the present defendant had been dismissed for want of service…
1Opinion of the Court
GILBERT, Circuit Judge,
after stating the facts as above, delivered tbe opinion of tbe court.
Tbe principal question presented on tbe writ of error is whether the circuit court erred in ruling that, upon the evidence adduced by tbe defendant, the judgment in favor of tbe defendant in tbe case of Cramer v. Manufacturing Co. is res judicata as to the present suit. That judgment was held to be binding upon the plaintiff in tins action, not for the reason that the Singer Manufacturing Company was in privity with Pry, or sustained such relation to him that it was bound by a judgment against Mm, but…
2Cases cited4 opinions
- Schroeder v. LahrmanSupreme Court of Minnesota · 1879
- Andrews v. National Foundry & Pipe Works, Ltd.Court of Appeals for the Seventh Circuit · 1896
- Cannon River Manufacturers' Ass'n v. RogersSupreme Court of Minnesota · 1889
- Lacroix v. LyonsU.S. Circuit Court for the District of Eastern Louisiana · 1888
3Cited by17 opinions
- S. S. Kresge Co. v. Winget Kickernick Co.Court of Appeals for the Eighth Circuit · 1938
- Lane v. WeldsCourt of Appeals for the Sixth Circuit · 1899
- Foote v. Parsons Non-Skid Co.Court of Appeals for the Sixth Circuit · 1912
- Elliott Co. v. Roto Co.Court of Appeals for the Second Circuit · 1917
- Rowe v. HillCourt of Appeals for the Sixth Circuit · 1914
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