New England Car-Spring Co. v. Union India Rubber Co.
U.S. Circuit Court for the District of Southern New York
In equity. This was an application for a provisional injunction, to restrain the infringement of letters patent [No. 3,633] granted to Charles Goodyear, June 15th, 1844, for what is known as “vulcanized India rubber” [reissued December 25, 1849, No. 156]. The New England Car-Spring Company claimed the exclusive right to make car-springs under the patent, by license from Goodyear, and the bill alleged that the defendants were making car-springs of vulcanized India rubber…
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In equity. This was an application for a provisional injunction, to restrain the infringement of letters patent [No. 3,633] granted to Charles Goodyear, June 15th, 1844, for what is known as “vulcanized India rubber” [reissued December 25, 1849, No. 156]. The New England Car-Spring Company claimed the exclusive right to make car-springs under the patent, by license from Goodyear, and the bill alleged that the defendants were making car-springs of vulcanized India rubber without right. The defendants claimed a right to make such car-springs by license from Goodyear under the patent. On the…
1Opinion of the Court
INGERSOLL, District Judge.
If the contract between Goodyear and Ely and Crane was a valid contract to convey what it purported to convey, then, from and after its date, the Naugatuck Company had no right to manufacture ear-springs under the patent; and, consequently, no such right was conveyed by them to the defendants. If the contract between Goodyear and Ely and Crane did not convey what it purported to *60convey, then the Naugatuck Company, subsequently to that contract, had the same right which they had before. And as, before such contract, they had a right to make car-springs under the…
2Cases cited11 opinions
- Welland Canal Co. v. HathawayNew York Supreme Court · 1832
- Watson's Executors v. McLarenNew York Supreme Court · 1838
- Hall v. FisherNew York Supreme Court · 1849
- Stroble v. SmithSupreme Court of Pennsylvania · 1839
- Brown v. WheelerSupreme Court of Connecticut · 1845
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3Cited by2 opinions
- London & Lancashire Indemnity Co. of America v. Fairbanks Steam Shovel Co.Ohio Supreme Court · 1925
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