American St. Car Advertising Co. v. Jones
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the Northern District of New York. This cause is brought here by appeal from a judgment in favor of complainant for $6,440.77 for royalties held to be due from defendants for advertising racks placed in cars manufactured by them, by virtue of a parol license under patent No. 3S0,696, granted to Isaac H. Randall April 10, 18S8.
1Opinion of the Court
TOWNSEND, Circuit Judge.
The assignments of error raise the questions as to the character of the alleged contract of license, the term of its duration, its revocation, and the eviction of defendants by complainant’s assignor, an adjudication adverse to the patent, res adjudicata in favor of defendants, laches of complainant and its assignor, and invalidity of the patent, or such a limitation of its claims as would exclude the so-called “built in racks” used by defendants.
The view we have taken as to the defense of revocation and eviction dispenses with the necessity of considering the other…
2Cases cited6 opinions
- Hartell v. TilghmanSupreme Court of the United States · 1879
- Schenectady Stove Co. v. . HolbrookNew York Court of Appeals · 1885
- White v. LeeU.S. Circuit Court for the District of Massachusetts · 1882
- Ross v. Fuller & Warren Co.U.S. Circuit Court for the District of Northern New York · 1900
- Denise v. . SwettNew York Court of Appeals · 1894
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3Cited by1 opinion
- Ohio Citizens Trust Co. v. Air-Way Electric Appliance Corp.District Court, N.D. Ohio · 1944