Bush & Lane Piano Co. v. Becker Bros.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Suit in equity by the Bush & Lane Piano Company against Becker Bros., a corporation. From a decree awarding damages for infringement of a patent, both parties appeal. Cross-appeals from a decree awarding to plaintiff damages for infringement of its design patent, No. 37,501. The patent in suit covers a “design for a piano case.”
Read the full summary
Appeal from the District Court of the United States for the Southern District of New York. Suit in equity by the Bush & Lane Piano Company against Becker Bros., a corporation. From a decree awarding damages for infringement of a patent, both parties appeal. Cross-appeals from a decree awarding to plaintiff damages for infringement of its design patent, No. 37,501. The patent in suit covers a “design for a piano case.” Defendant made and sold 958 pianos for 8158,302.95. The factory cost to defendant of that number of pianos was (by its own books) 8113,044, and the expense of marketing, with…
1Opinion of the CourtHough, District Judge
(after stating the facts as above).
[1] The piano business of Becker Bros, is an incorporation of the trade created by Jacob H. Becker, its president. The stockholders have always been Becker himself, his wife, and his attorney. The corporate books of account show that Becker drew on the pay roll only $15 weekly, in what capacity does not appear. At the year’s end, the excess of receipts over expenses was for a time transferred to the “Capital Account of Jacob H. Becker.” This practice continued until after this suit was threatened, if not begun, when the end of the year was marked by charging…
2Cases cited19 opinions
- Hamilton-Brown Shoe Co. v. Wolf Brothers & Co.Supreme Court of the United States · 1916
- Dowagiac Manufacturing Co. v. Minnesota Moline Plow Co.Supreme Court of the United States · 1915
- Westinghouse Electric & Manufacturing Co. v. Wagner Electric & Manufacturing Co.Supreme Court of the United States · 1912
- Garretson v. ClarkSupreme Court of the United States · 1884
- Dunlap v. SchofieldSupreme Court of the United States · 1894
14 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- International Radio Telegraph Co. v. Atlantic Communication Co.Court of Appeals for the Second Circuit · 1923
- Clair v. Kastar, Inc.District Court, S.D. New York · 1946
- Western Gas Fixture Co. v. Jefferson Glass Co.Court of Appeals for the Fourth Circuit · 1924