Sherman v. Champlain Transportation Co.
Supreme Court of Vermont
Assumpsit. The first count of the declaration, and the only one upon which the questions considered by the court arise, declared upon a special contract, to the effect, that in consideration that the plaintiff would allow the defendants to use two machines known as “ Sickles3 patent cut-off,” which belonged to the plaintiff and of which he owned the patent right, one upon the defendants3 steamer “ Burlington,” and the other upon their steamer “ Saranac,” and would also…
Read the full summary
Assumpsit. The first count of the declaration, and the only one upon which the questions considered by the court arise, declared upon a special contract, to the effect, that in consideration that the plaintiff would allow the defendants to use two machines known as “ Sickles3 patent cut-off,” which belonged to the plaintiff and of which he owned the patent right, one upon the defendants3 steamer “ Burlington,” and the other upon their steamer “ Saranac,” and would also 'allow them to use a patent right known as “ Stevens3 patent cut-off,” also belonging to the plaintiff, upon their steamer “…
1Opinion of the Court
Redfierd, Ch. J.
I. In regard to the jurisdiction of the court being defeated, because the subject matter of the action concerns the use of an exclusive patent right, we think there has not hitherto been much question. That is certainly so in this State. Actions upon such contracts have been common in the State courts for a great number of years, and we have not known any question to be raised in regard to the jurisdiction of these courts. And as the.action does not neeessarily involve any question in regard to the validity of any patent, it would seem that it could not be regarded as coming…
2Cases cited2 opinions
- Greeno v. MunsonSupreme Court of Vermont · 1837
- Hall v. DeweySupreme Court of Vermont · 1838
3Cited by35 opinions
- Boswell v. First National Bank of LaramieWyoming Supreme Court · 1907
- Myrick v. BillSupreme Court Of The Territory Of Dakota · 1883
- Lawrence v. DanaU.S. Circuit Court for the District of Massachusetts · 1869
- Dyer v. LalorSupreme Court of Vermont · 1920
- Nash v. LullMassachusetts Supreme Judicial Court · 1869
30 more not listed; retrieve them via the Exa API.