Orr v. Littlefield
U.S. Circuit Court for the District of New Hampshire
This was a bill in equity. It alleged, that before the 20th of January, 1836, Isaac Orr, whom the complainant [Matilda K. Orr] represented, was the inventor of a new improvement in stoves, called the air-tight stove, and on that day obtained a patent therefor.
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This was a bill in equity. It alleged, that before the 20th of January, 1836, Isaac Orr, whom the complainant [Matilda K. Orr] represented, was the inventor of a new improvement in stoves, called the air-tight stove, and on that day obtained a patent therefor. But the specification being made out inaccurately, he caused the patent, on the 12th of November, 1842, to be cancelled, and a new one to be issued [No. 48]. It further averred that the patent was valuable during his life, which terminated in 1844, and had since yielded large sums to her as administratrix. The bill contained further…
1Opinion of the Court
WOODBURY, Circuit Justice.
This motion for an injunction is in accordance with a special prayer in the bill; and hence it is properly asked for. Schermehorn v. L’Espenasse [Case No. 12,454]; 2 Story, Eq. Jur. 156. The subject-matter of the bill is, also, one in which it is usual and fit for the court to interpose by this remedy, and on a proper state of facts before a final decision is had on the merits; because every stove sold is an injury if the patent is valid, and without such a remedy, — the supposed offence being constantly repeated, — the causes of action and the multiplicity of suits…
2Cases cited5 opinions
- Livingston v. Van IngenCourt for the Trial of Impeachments and Correction of Errors · 1812
- Sullivan v. Judah & WeedNew York Court of Chancery · 1834
- Ward v. Van BokkelenNew York Court of Chancery · 1828
- Roberts v. AndersonNew York Court of Chancery · 1816
- Rodgers v. RodgersNew York Court of Chancery · 1829
3Cited by6 opinions
- Rosenberg v. Groov-Pin CorporationCourt of Appeals for the Second Circuit · 1936
- Palmer Pneumatic Tire Co. v. Newton Rubber WorksU.S. Circuit Court for the District of Western Virginia · 1896
- Irick v. BlackNew Jersey Court of Chancery · 1864
- Christie v. GriffingNew Jersey Court of Chancery · 1873
- Conover v. RuckmanNew Jersey Court of Chancery · 1881
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