Legal Opinion

Consolidated Roller-Mill Co. v. George T. Smith Middlings Purifier Co.

U.S. Circuit Court for the District of Eastern Michigan

Decided October 7, 1889PublishedCited by 4 opinions

On Motion for Preliminary Injunction. This was a bill in equity to recover damages for the infringement of letiers patent No. 222,895, issued to William D. Gray, December 23, 1879, for an improvement in roller grinding mills.

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On Motion for Preliminary Injunction. This was a bill in equity to recover damages for the infringement of letiers patent No. 222,895, issued to William D. Gray, December 23, 1879, for an improvement in roller grinding mills. The invention covered by the patent was stated in the preamble to consist “in a peculiar construction and arrangement of devices for adjusting the rolls vertically, as well as horizontally, whereby any unevenness in the wear of the rolls, or in their journals or bearings, may be compensated for, and the grinding or crashing surfaces kept exactly in line;” “and also in…

1Opinion of the CourtBrown, J.

A preliminary objection in the nature of a plea of res ad-judícala is taken by the defendant against the issue of this injunction. Prior to the opinion of this court in the case of Roller-Mill Co. v. Coombs, 39 Fed. Rep. 25, sustaining the validity of the plaintiff's patent, a bill had been filed in the western district of Wisconsin by one Allis against Freeman to compel the defendant to desist from using a machine which was claimed to infringe several patents, among which was the Gray patent, upon which this suit is based. A decree was made dismissing the bill;1 and it would appear from a…

2Cases cited2 opinions

  1. United States Stamping Co. v. JewettU.S. Circuit Court for the District of Northern New York · 1880
  2. Ingersoll v. JewettU.S. Circuit Court for the District of Northern New York · 1879

3Cited by4 opinions

  1. Clip Bar Mfg. Co. v. Steel Protected Concrete Co.District Court, E.D. Pennsylvania · 1913
  2. Societe Anonyme du Filtre Chamberland Systeme Pasteur v. AllenU.S. Circuit Court for the District of Northern Ohio · 1897
  3. Industrial Models Corp. v. KurtzDistrict Court, E.D. Michigan · 1950
  4. Industrial Models Corp. v. KurtzDistrict Court, E.D. Michigan · 1951

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