Mayor of New York v. American Cable Ry. Co.
Court of Appeals for the Second Circuit
Appeal from tbe Circuit Court of the United States for the Southern District of New York. This was a suit by the American Cable Railway Company against the mayor, aldermen, and commonalty of the city of New York, for infringement of letters patent No. 271,727, issued February 6,-1883, to Daniel J. Miller, for improvements in the construction of cable railways. There was a decree for complainant in the court below (66 Fed. 149), and defendants appeal.
1Opinion of the Court
WALLACE, Circuit Judge.
The complainant’s title to the letters patent in suit depends upon the authenticity of the mesne assignments under which it claims. No evidence was introduced tending to prove the execution of the assignments from the patentee to Horton, from Horton to the Cable Railway Construction Company, and from the Cable Railway Construction Company to the complainant, except duly-certified copies of the patent-office record of three instruments which purport to be such assignments. The objection that the instruments were not sufficiently proved was taken in due season, and was…
2Cases cited5 opinions
- Brooks v. JenkinsU.S. Circuit Court for the District of Ohio · 1844
- Parker v. HaworthU.S. Circuit Court for the District of Illinois · 1848
- Paine v. TraskCourt of Appeals for the First Circuit · 1893
- National Folding Box & Paper Co. v. American Paper Pail & Box Co.U.S. Circuit Court for the District of Southern New York · 1893
- Dederick v. Whitman Agricultural Co.U.S. Circuit Court for the District of Eastern Missouri · 1886
3Cited by14 opinions
- Dowling v. JonesCourt of Appeals for the Second Circuit · 1933
- Standard Elevator Co. v. Crane Elevator Co.Court of Appeals for the Seventh Circuit · 1896
- Eastern Dynamite Co. v. Keystone Powder Mfg. Co.U.S. Circuit Court for the District of Middle Pennsylvania · 1908
- Toledo Computing Scale Co. v. Computing Scale Co.Court of Appeals for the Seventh Circuit · 1913
- American Graphophone Co. v. Leeds & Catlin Co.U.S. Circuit Court for the District of Southern New York · 1905
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