Mayer v. . Hardy
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made January 28, '1889, which reversed an interlocutory and a final judgment in favor of plaintiffs entered upon orders of the Special Term and dismissed the complaint. This was an action to restrain defendant from manufacturing and selling a certain patented article and to recover damages sustained by his manufacture and sale thereof.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made January 28, '1889, which reversed an interlocutory and a final judgment in favor of plaintiffs entered upon orders of the Special Term and dismissed the complaint. This was an action to restrain defendant from manufacturing and selling a certain patented article and to recover damages sustained by his manufacture and sale thereof. In January, 1879, Gurdon C. Judson entered into an agreement under seal with three of the plaintiffs and the assignee •of one of them, whereby…
1Opinion of the CourtBradley, J.
The rights of the plaintiffs rested wholly in the license granted to them by Mrs. Judson, the patentee. And so far as their remedy was dependent solely upon the enforcement of the contract, it was within the jurisdiction of the state court. (Hyatt v. Ingalls, 124 N. Y. 93.) The view urged by the plaintiffs, and essentially so to support the action, is that it involved the determination of no question within the patent laws of the United States, but that in its purpose and nature was merely an action to restrain the violation of a covenant and to recover damages resulting from it. If this view…
2Cases cited5 opinions
- Littlefield v. PerrySupreme Court of the United States · 1875
- Hartell v. TilghmanSupreme Court of the United States · 1879
- Continental Store Service Co. v. . ClarkNew York Court of Appeals · 1885
- Hyatt v. . IngallsNew York Court of Appeals · 1891
- Hill v. WhitcombU.S. Circuit Court for the District of Massachusetts · 1874
3Cited by4 opinions
- Wise v. . Tube Bending Machine Co.New York Court of Appeals · 1909
- 4-One Box Machine Makers v. Wirebounds Patents Co.Supreme Judicial Court of Maine · 1932
- 4-One Box Machine Makers v. Wirebounds Patents Co.Supreme Judicial Court of Maine · 1932
- American Harley Corp. v. Irvin Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 1969