Western Electric Co. v. Robertson
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the-United States for the Eastern District of New York. This cause comes here on writ of error by defendant from judgment entered in favor of plaintiffs in the United States Circuit Court for the Southern District of New York on a verdict for $35,000 damages for breach of contract for payment of royalties under plaintiffs’ patent, No. 346,563, granted to John Robertson, August 3, 1886, for a hydraulic lead press.
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In Error to the Circuit Court of the-United States for the Eastern District of New York. This cause comes here on writ of error by defendant from judgment entered in favor of plaintiffs in the United States Circuit Court for the Southern District of New York on a verdict for $35,000 damages for breach of contract for payment of royalties under plaintiffs’ patent, No. 346,563, granted to John Robertson, August 3, 1886, for a hydraulic lead press. The action was originally brought in the Supreme Court of New York, but was duly removed to the federal court.
1Opinion of the Court
TOWNSEND, Circuit Judge.
The 44 assignments of error challenge the correctness of the action of the trial court in its rulings, charges, refusals to charge, and refusal to direct a verdict in favor of defendant. The view taken of the case dispenses us from the necessity of discussing any of the questions raised, except those based on the refusal of the court to direct a verdict for defendant. There is no claim of novelty in the patented press, except such as relates to the arrangement of a bridge and a die and core-tube in a chamber, all located in a block.
The contract in question licensed…
2Cases cited6 opinions
- Boyden Power-Brake Co. v. Westinghouse Westinghouse v. Boyden Power-Brake Co.Supreme Court of the United States · 1898
- Westinghouse v. Boyden Power Brake Co.Supreme Court of the United States · 1898
- Singer Manufacturing Co. v. CramerSupreme Court of the United States · 1904
- Black Diamond Coal Mining Co. v. Excelsior Coal Co.Supreme Court of the United States · 1895
- De Loriea v. WhitneyCourt of Appeals for the First Circuit · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Pressed Steel Car Co. v. Union Pac. R.Court of Appeals for the Second Circuit · 1920
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- Motor Wheel Corp. v. Rubsam Corp.Court of Appeals for the Sixth Circuit · 1937
- Loose v. Bellows Falls Pulp Plaster Co.Court of Appeals for the Second Circuit · 1920
- Edward G. Budd Mfg. Co. v. C. R. Wilson Body Co.District Court, E.D. Michigan · 1925
3 more not listed; retrieve them via the Exa API.