Cramer v. Fry
U.S. Circuit Court for the District of Northern California
Action at law for infringement of letters patent for an invention, commenced against the Winger Manufacturing Company, a New Jersey corporation, and Willis B. Fry, manager on the Pacific coast of the business of the Singer Company. A demurrer was interposed on behalf of the Singer Company upon jurisdictional grounds, and was sustained upon the authority of Shaw v. Mining Co., 145 U. S. 444, 12 Sup. Ct. 935, and other cases. The action then proceeded against Fry alone.
Read the full summary
Action at law for infringement of letters patent for an invention, commenced against the Winger Manufacturing Company, a New Jersey corporation, and Willis B. Fry, manager on the Pacific coast of the business of the Singer Company. A demurrer was interposed on behalf of the Singer Company upon jurisdictional grounds, and was sustained upon the authority of Shaw v. Mining Co., 145 U. S. 444, 12 Sup. Ct. 935, and other cases. The action then proceeded against Fry alone. The patent sued upon was granted to the plaintiff on January 80, 1883, and was for an improvement in sewing-machine treadles.…
1Opinion of the CourtMcKEHNA, Circuit Judge
(orally). At the close of the plaintiff’s testimony, the defendant made a motion for the court to instruct the jury to find a verdict for the defendant, which motion *205was reserved for consideration. Tlie motion was again repeated at tlie close of tlie testimony in the case. The motion is made on two grounds. One is tha t the defendant in the case is the agent of the Singer Sewing-Machine Company, and is not liable; and the other, that there is no infringement.
Considering the first ground, in an action in form ex delicto, — ■ that is, for a tort, — the rule is, all who participate in a wrong…
2Cases cited9 opinions
- Miller v. Eagle Manufacturing Co.Supreme Court of the United States · 1894
- Deering v. Winona Harvester WorksSupreme Court of the United States · 1894
- Knapp v. MorssSupreme Court of the United States · 1893
- Keystone Bridge Co. v. Phoenix Iron Co.Supreme Court of the United States · 1877
- Coupe v. RoyerSupreme Court of the United States · 1895
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- L. E. Waterman Co. v. Standard Drug Co.Court of Appeals for the Sixth Circuit · 1913
- Graham v. EarlCourt of Appeals for the Ninth Circuit · 1897
- Overweight Counterbalance Elevator Co. v. Improved Order of Red Men's Hall Ass'nCourt of Appeals for the Ninth Circuit · 1899
- Straight Side Basket Corporation v. KullDistrict Court, D. Idaho · 1938
- Palmer v. LandphereU.S. Circuit Court for the District of Connecticut · 1900
2 more not listed; retrieve them via the Exa API.