Herrick v. Tripp Giant Leveller Co.
Court of Appeals for the First Circuit
Appeal from the Circuit Court of the United States for.the District of Massachusetts. . In Equity. Suit by the Tripp G-iant Leveller Company against George W. Herrick, Frederick W. Herrick, and George H. Herrick, doing business as George W. Herrick & Co., for infringement of letters patent No. 884,893, issued June 19, 1888, to Cutcheon & Johnson, as assignees of James C. Cutcheon.
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Appeal from the Circuit Court of the United States for.the District of Massachusetts. . In Equity. Suit by the Tripp G-iant Leveller Company against George W. Herrick, Frederick W. Herrick, and George H. Herrick, doing business as George W. Herrick & Co., for infringement of letters patent No. 884,893, issued June 19, 1888, to Cutcheon & Johnson, as assignees of James C. Cutcheon. The patent, which is for a machine for beating out the soles of boots and shoes, was sustained by the court below, and infringement declared. See 52 Fed. 147, where the opinion below is reported under the title of…
1Per curiam
The objections made by the appellants touching the form of the bill, whether supplemental or original, and those as to the sufficiency of the allegations of the bill, were not raised in the court below, and cannot be taken for the first time in this court.
The court below was right in holding that the first and third claims of the Cutcheon patent were valid, and were infringed by the machine used by the appellants; that the iron last in the appellants’ machine was a mechanical equivalent for the jack of the patent; and that there was no sufficient proof that the stop mechanism, of the third…
2Cases cited1 opinion
- In re GreeneU.S. Circuit Court for the District of Ohio · 1892
3Cited by13 opinions
- Hoeltke v. C. M. Kemp Mfg. Co.Court of Appeals for the Fourth Circuit · 1936
- Frick Co. v. LindsayCourt of Appeals for the Fourth Circuit · 1928
- Wine Ry. Appliance Co. v. Baltimore & OR Co.Court of Appeals for the Fourth Circuit · 1935
- Bresnahan v. Tripp Giant Leveller Co.Court of Appeals for the First Circuit · 1896
- Bresnahan v. Tripp Giant Leveller Co.Court of Appeals for the First Circuit · 1900
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