Goodyear v. Providence Rubber Co.
U.S. Circuit Court for the District of Rhode Island
Bill in equity to recover damages for an alleged infringement of certain letters-patent, and praying for an account and for an injunction. The complainants were Charles Goodyear, executor of the last will and testament of Charles Goodyear deceased, the Union Rubber Company, a corporation created by the laws of the state of New York, and the Phoenix Rubber Company, a corporation created by the laws of the state of Connecticut.
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Bill in equity to recover damages for an alleged infringement of certain letters-patent, and praying for an account and for an injunction. The complainants were Charles Goodyear, executor of the last will and testament of Charles Goodyear deceased, the Union Rubber Company, a corporation created by the laws of the state of New York, and the Phoenix Rubber Company, a corporation created by the laws of the state of Connecticut. The respondents were the Providence Rubber Company, a corporation created by the laws of Rhode Island, Augustus O. Bourn, William W. Brown, and Edwin M. Chaffee, who…
1Opinion of the Court
CLIFFORD, Circuit Justice.
The general rule is that an interlocutory order for issues to a jury in an equity suit will not be directed until all the proofs are taken and publication has passed. The reason for the rule, as stated, is that such an order should not in general be granted at all where the truth of the facts can be conveniently and satisfactorily ascertained by the court itself; and as that question cannot usually be determined in advance of publication, the motion should be deferred to that stage of the controversy. Whitaker v. Newman, 2 Hare, 302; Dale v. Roosevelt, 6 Johns. Ch.…
2Cases cited7 opinions
- Heron v. HoffnerSupreme Court of Pennsylvania · 1832
- Tripp v. VincentNew York Court of Chancery · 1846
- Dale v. RooseveltNew York Court of Chancery · 1822
- Bodle v. HulseNew York Supreme Court · 1830
- Gayle v. EnnisTexas Supreme Court · 1846
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Dunlap v. SchofieldSupreme Court of the United States · 1894
- Alliance Ins. Co. of Philadelphia v. JamersonDistrict Court, E.D. Illinois · 1935
- Lorain Steel Co. v. New York Switch & Crossing Co.U.S. Circuit Court for the District of New Jersey · 1907
- In re DayU.S. Circuit Court for the District of Southern New York · 1886
- Griswold v. BraggSupreme Court of Connecticut · 1880
6 more not listed; retrieve them via the Exa API.