Wyckoff v. Wagner Typewriter Co.
U.S. Circuit Court for the District of Southern New York
This was a suit in equity by Wyckoff, Seamans & Benedict against the Wagner Typewriter Company to restrain the alleged infringement of letters patent No. 466,947, issued to Horace K. Lamb January 12, 1892, for a typewriting machine. The cause was heard on demurrer to the hill for want of equity.
1Opinion of the Court
LACOMBE, Circuit Judge.
The ground of demurrer assigned is “that it appears upon the face of the said bill that the complainant is not entitled to any relief against this defendant in a court of equity.” The various propositions upon which it is sought to maintain this demurrer may be separately considered:
I. It is contended that there is not any sufficient averment of irreparable injury. The language of the bill is that:
“Your orator fears, and has reason to fear and believe, that, unless the said defendant, is restrained by a writ of injunction, * * * it will continue to make and to use and…
2Cases cited8 opinions
- Campbell Printing-Press & Manuf'g Co. v. Manhattan Ry. Co.U.S. Circuit Court for the District of Southern New York · 1892
- Consolidated Roller-Mill Co. v. CoombsU.S. Circuit Court for the District of Eastern Michigan · 1889
- Allington & Curtis Manuf'g Co. v. BoothCourt of Appeals for the Second Circuit · 1897
- Hoe v. KnapUnited States Circuit Court · 1886
- Germain v. WilgusCourt of Appeals for the Ninth Circuit · 1895
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Helmet Co. v. Wm. Wrigley, Jr., Co.Court of Appeals for the Sixth Circuit · 1917
- Elliott & Hatch Book-Typewriter Co. v. Fisher Typewriter Co.U.S. Circuit Court for the District of Southern New York · 1901
- United States Mitis Co. v. Detroit Steel & Spring Co.Court of Appeals for the Sixth Circuit · 1903
- American Graphophone Co. v. National Phonograph Co.U.S. Circuit Court for the District of Southern New York · 1904
- Fichtel v. BarthelU.S. Circuit Court for the District of Southern New York · 1909
1 more not listed; retrieve them via the Exa API.