Witherell & Dobbins Co. v. United Shoe Machinery Co.
Court of Appeals for the First Circuit
In Error to the District Court of the United States for the District of Massachusetts; James M. Morton, Jr., Judge. Action by the United Shoe Machinery Company against the Withered & Dobbins Company. Demurrer to answer was sustained, and defendant brings error.
1Opinion of the Court
BINGHAM, Circuit Judge.
This is an action of contract brought by the United Shoe Machinery Company, a New Jersey corporation, against the Withered & Dobbins Company, a Massachusetts corporation, to recover royalties for the use of five Goodyear Welt and turn shoe machines, model K, numbered 67, 58, 216, 628, and 740, leased by the plaintiff to the defendant on September 10, 1912, January 9, 1913, and February 25, 1913. In all of the leases the material conditions and provisions are the same, and the machines leased are of the same model. The machines are patented, and are designed to sew the…
2Cases cited8 opinions
- Connolly v. Union Sewer Pipe Co.Supreme Court of the United States · 1902
- International Textbook Co. v. PiggSupreme Court of the United States · 1910
- Continental Wall Paper Co. v. Louis Voight & Sons Co.Supreme Court of the United States · 1909
- D. R. Wilder Manufacturing Co. v. Corn Products Refining Co.Supreme Court of the United States · 1915
- Southern Railway Co. v. KingSupreme Court of the United States · 1910
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3Cited by4 opinions
- Glenn Coal Co. v. Dickinson Fuel Co.Court of Appeals for the Fourth Circuit · 1934
- Hicks v. Bekins Moving & Storage Co.Court of Appeals for the Ninth Circuit · 1937
- Metro-Goldwyn-Mayer Distributing Corp. v. Bijou Theatre Co.Court of Appeals for the First Circuit · 1932
- Lipson v. Socony-Vacuum CorporationCourt of Appeals for the First Circuit · 1935