North v. Kershaw
U.S. Circuit Court for the District of Southern New York
In equity. This was an application for a provisional injunction. The bill claimed that the defendants [James Kershaw and others] weie violating two letters patent belonging to the plaintiffs [O. B. North & Co.], for improvements in the manufacture of harness-saddles.
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In equity. This was an application for a provisional injunction. The bill claimed that the defendants [James Kershaw and others] weie violating two letters patent belonging to the plaintiffs [O. B. North & Co.], for improvements in the manufacture of harness-saddles. One of the patents was originally issued to John T. Denniston, on the 20th of November. 1846. [No. 4,860.] Denniston, on the 22d of January, 1847, sold one-third of that patent to Aaron Remsen, and one-third of it to Aaron D. Polhamus. Denniston, Remsen and Polhamus, on the 14th of June, 1856, granted a license under it to the…
1Opinion of the Court
INGERSOLL, District Judge.
Neither of the patents sued on in this case has been established on a trial, either at law or in equity. Nor have the exclusive rights which they purport to grant been acquiesced in by the public. Under these circumstances, to authorize the issuing of a preliminary injunction, the right of the plaintiffs must be clear and free from doubt, and the violation of right on the part of the defendants must be equally clear.
As it respects the Gazley patent, it is clear that, whatever rights were granted by the reissued one, are exclusively in the plaintiffs; that no one but…
2Cited by7 opinions
- Wilson v. Consolidated Store-Service Co.Court of Appeals for the First Circuit · 1898
- Dickerson v. De la Vergne Refrigerating Machine Co.U.S. Circuit Court for the District of Southern New York · 1888
- New York Grape Sugar Co. v. American Grape Sugar Co.U.S. Circuit Court for the District of Northern New York · 1882
- Huber v. Myers Sanitary DepotU.S. Circuit Court for the District of Southern New York · 1888
- Southwestern Brush Electric Light & Power Co. v. Louisiana Electric Light Co.U.S. Circuit Court for the District of Eastern Louisiana · 1891
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