Legal Opinion

Goshen Mfg. Co. v. Hubert A. Myers Mfg. Co.

Court of Appeals for the Seventh Circuit

Decided April 14, 1914No. 2027PublishedCited by 3 opinions

Appeal from the District Court of the United States for the District of Indiana; Albert B. Anderson, Judge. Suit in equity by the Goshen Manufacturing Company against the Hubert A. Myers Manufacturing Company and Hubert A. Myers. Decree for defendants, and complainant appeals.

1Opinion of the Court

MACK, Circuit Judge.

The first and decisive question raised in this appeal from a decree dismissing a bill in equity after a full hearing is whether a court of equity or a court of law is the proper forum in which to determine complainant’s rights.

The bill, filed October 3, 1910, charged that defendants infringed letters patent for hoisting pulleys, No. 876,991, that they “still continue so to do,” and that notice thereof and request to desist were given and disregarded. Defendants, after setting up, among other defenses, invalidity of patent and noninfringement, state in their answers that…

2Cases cited2 opinions

  1. Kennicott Water Softener Co. v. BainCourt of Appeals for the Seventh Circuit · 1911
  2. Chadeloid Chemical Co. v. JohnsonCourt of Appeals for the Seventh Circuit · 1913

3Cited by3 opinions

  1. Sheldon v. Moredall Realty CorporationCourt of Appeals for the Second Circuit · 1938
  2. Mershon v. O'NeillCourt of Appeals for the Second Circuit · 1934
  3. J. F. Rowley Co. v. RowleyCourt of Appeals for the Sixth Circuit · 1930

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