Cross v. Huntly
New York Supreme Court
Error from the Oswego common pleas. Huntly sued Cross before a justice on a note for $15. Cross proved that the consideration of the note was the sale of a patent right to make, vend and use “ Parker’s improved washing machine,” for the term of 14 years, within a certain town. The letters patent grant to Parker the exclusive right of making, constructing, using and vending “ a new and useful improve-, ment in the washing machine,” which he alleged he had invented.
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Error from the Oswego common pleas. Huntly sued Cross before a justice on a note for $15. Cross proved that the consideration of the note was the sale of a patent right to make, vend and use “ Parker’s improved washing machine,” for the term of 14 years, within a certain town. The letters patent grant to Parker the exclusive right of making, constructing, using and vending “ a new and useful improve-, ment in the washing machine,” which he alleged he had invented. The specification accompanying the letters patent particularly described the improvement, but did not specify what was new in the…
1Opinion of the Court
By the Court,
Nelson, J.
It is insisted by the defendant below that the patent is void on the grounds, 1. That the machine for the making and vending, of which the patent was granted, is not a new invention; and 2. If new in part, the patent is void, inasmuch as it is for the whole machine, andnot for the improvement. If either of these positions were sustained by the proof, the defendant was entitled to judgment in the court below, as in such case a failure of the consideration of the note was shown. 7 Wheaton, 356. 3 id. 518. 4 Com. Law R. 357. 6 id. 509. 3 id. 27. 3 Condensed S. C.R. 361.…
2Cases cited2 opinions
- Evans v. EatonSupreme Court of the United States · 1822
- Sullivan v. RedfieldU.S. Circuit Court for New York · 1825
3Cited by18 opinions
- Pratt v. Paris Gas Light & Coke Co.Supreme Court of the United States · 1897
- Marston v. . SwettNew York Court of Appeals · 1876
- Rich v. HotchkissSupreme Court of Connecticut · 1844
- Nash v. LullMassachusetts Supreme Judicial Court · 1869
- McClure v. JeffreyIndiana Supreme Court · 1856
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