Legal Opinion

Dunbar v. Eastern Elevating Co.

U.S. Circuit Court for the District of Northern New York

Decided July 20, 1896Published

This was a suit in equity by George H. Dunbar and others against the Eastern Elevating Company and others for alleged infringement of a patent for improvements in portable grain elevators. This action is founded upon reissued letters patent, No. 10,521, granted September 16, 1884, to Robert Dunbar, for improvements in portable elevators.

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This was a suit in equity by George H. Dunbar and others against the Eastern Elevating Company and others for alleged infringement of a patent for improvements in portable grain elevators. This action is founded upon reissued letters patent, No. 10,521, granted September 16, 1884, to Robert Dunbar, for improvements in portable elevators. Tbe application for the reissue was filed October 20, 1883. The original, No. 264,938, was dated September 26, 1SS2. The original application was filed July 17, 1882. The patent is now owned by complainants. Prior to the invention elevators had been built…

1Opinion of the Court

OOXE, District Judge.

The idea of moving the elevator leg to the hatch of the vessel instead of moving the hatch of the vessel to the elevator leg was, certainly, a brilliant and ingenious one. It was entirely new with Dunbar. No one had thought of it or anything like it in connection with grain elevators. The saving in time is obvious. That large sums of money must be made by the quick dispatch thus given to vessels is beyond dispute. Acquiescence in the patent has been well-nigh, universal. The patent to Frank J. Firth, No. 258,043, dated May 16, 1882, embodies the same idea as the patent in…

2Cases cited3 opinions

  1. Potts v. CreagerSupreme Court of the United States · 1895
  2. Morley Sewing MacHine Co. v. LancasterSupreme Court of the United States · 1889
  3. National Progress Bunching-Machine Co. v. John R. Williams Co.U.S. Circuit Court for the District of Southern New York · 1890

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