Corning v. the Troy Iron and Nail Factory
Supreme Court of the United States
This was an appeal from the Ciieuit Court of the United States for the Northern District of New York, sitting as a court of equity. It was a branch of the case of Troy Iron and Nail Factory v. Corning et al. reported in 14 How. 193. The decree of the Circuit Court, now appealed from, is given at page 194. The bill was originally filed' by the Troy Iron and Nail Factory against Corning et al. and the Circuit Court dismissed the bill, but this court reversed that decree.
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This was an appeal from the Ciieuit Court of the United States for the Northern District of New York, sitting as a court of equity. It was a branch of the case of Troy Iron and Nail Factory v. Corning et al. reported in 14 How. 193. The decree of the Circuit Court, now appealed from, is given at page 194. The bill was originally filed' by the Troy Iron and Nail Factory against Corning et al. and the Circuit Court dismissed the bill, but this court reversed that decree. By reference to page 194, 14 Howard, it will be seen, that the Circuit Court, in its decree, lised the following language,…
1Opinion of the CourtJustice Grier
The Troy Iron and Nail Factory filed their bill in the court below, claiming to be assignees of a patent granted to Henry Burden, for a “ new and useful improvement in the machinery for manufacturing wrought nails or spikes.” The bill charges, that the appellants, Corning & Company, have infringed their patent, and prays for an injunction and an account of -profits, &c. The answer of the respondents below took defence on two grounds — first, that Burden was not the first and original inventor of the machine patented; and, secondly, that the respondents used their machine under a license from…
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