Legal Opinion

Humaston v. Telegraph Co.

Supreme Court of the United States

Decided April 20, 1874PublishedCited by 18 opinions

Appeal from the Circuit Court for the Southern District of New York; the case being thus; Humaston having invented certain instruments for expediting the transmission and reception of messages by telegraph; and especially for perforating paper for the purpose of such messages, which inventions were patented, and having also, as he alleged, discovered a process by w'hich paper could be chemically prepared, so as to be sensitive to the electric current, and by which its value…

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Appeal from the Circuit Court for the Southern District of New York; the case being thus; Humaston having invented certain instruments for expediting the transmission and reception of messages by telegraph; and especially for perforating paper for the purpose of such messages, which inventions were patented, and having also, as he alleged, discovered a process by w'hich paper could be chemically prepared, so as to be sensitive to the electric current, and by which its value would be greatly enhanced (a process which 'he kept secret), entered in April, 1861, along with one Lefferts, who had…

1Opinion of the CourtJustice Davis

Whether or not-the court erred in its - charge, and in the exclusion of the evidence excluded, depends on the proper .interpretation of the contract and the rule of damages which shall be applied ‘in this action to the breach of it.

It is insisted by the plaintiff that the defendant promised to pay him for his invention four hundred shares in addition-to the one hundred shares paid on' the delivery of the title, unless the arbitrators should relieve the company by fixing some less amount, and- a great deal of learning touching the doctrine of conditions subsequent.and precedent has been…

2Cases cited1 opinion

  1. United States v. WilkinsSupreme Court of the United States · 1821

3Cited by18 opinions

  1. Brocklehurst & Potter Co. v. MarschMassachusetts Supreme Judicial Court · 1916
  2. McCullough v. Clinch-Mitchell Const. Co.Court of Appeals for the Eighth Circuit · 1934
  3. Naugle v. YerkesIllinois Supreme Court · 1900
  4. Husbands v. TalleySuperior Court of Delaware · 1901
  5. Old Colony Street Railway Co. v. Brockton & Plymouth Street Railway Co.Massachusetts Supreme Judicial Court · 1914

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