Legal Opinion

Beardsley v. Littell

District Court, S.D. New York

Decided January 25, 1877PublishedCited by 10 opinions

[At law. Action by James H. Beardsley against John M. Littell and Russell W. Chace for damages for infringement of letters patent. Plaintiff applies for an order for defendant Littell to be examined as a witness before trial.

1Opinion of the Court

BLATCHFORD, District Judge.

This is an action at law to recover damages for the infringement of letters patent. It is at issue and ready for trial. The plaintiff now presents to the court his affidavit, setting forth that the testimony of the defendant Littell is material and necessary for the plaintiff upon the questions of the kind and description of the machine used by the defendants, and claimed to be an infringement of the plaintiff’s patent, “the amount which he has used the same,” and .the profits resulting from such use; that these matters are peculiarly with the knowledge of said…

2Cases cited1 opinion

  1. Indianapolis & St. Louis Railroad v. HorstSupreme Court of the United States · 1876

3Cited by10 opinions

  1. Hanks Dental Assn. v. International Tooth Crown Co.Supreme Court of the United States · 1904
  2. Colgate v. Compagnie Francaise du Telegraphs de Paris a New YorkU.S. Circuit Court for the District of Southern New York · 1885
  3. Wall v. Chesapeake & O. Ry. Co.Court of Appeals for the Seventh Circuit · 1899
  4. Dwight v. MerrittU.S. Circuit Court for the District of Southern New York · 1880
  5. In Re HawkinsSupreme Court of the United States · 1893

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