Legal Opinion

Consolidated Fastener Co. v. Columbian Button & Fastener Co.

U.S. Circuit Court for the District of Northern New York

Decided February 23, 1898PublishedCited by 5 opinions

This was a suit in equity by the Consolidated Fastener Company against the Columbian Button & Fastener Company for infringement of a patent. The canse was heard on a motion for instructions to the master, to whom it was referred to take and state an account.

1Opinion of the Court

COXE, District Judge.

The complainant’s patent was upheld and a master was appointed to take and state the account. It is alleged, and not disputed, that all the defendant’s books, papers and documents to be examined on the accounting are in the city of New York and that all of the witnesses as well as the counsel for the defendant reside there. Indeed, it would seem that no one connected with the accounting resides in this district save only the master himself. In these circumstances the master, intending to accommodate all parties- and prevent the annoyance which might result from the…

2Cases cited2 opinions

  1. Bate Refrigerating Co. v. GilletteUnited States Circuit Court · 1886
  2. White v. Toledo, St. L. & K. C. R. Co.Court of Appeals for the Second Circuit · 1897

3Cited by5 opinions

  1. Vapor Car Heating Co. v. Gold Car Heating & Lighting Co.District Court, S.D. New York · 1920
  2. The William H. BaileyDistrict Court, D. Connecticut · 1900
  3. Ex Parte OdomTexas Supreme Court · 1954
  4. Mathieson Alkali Works v. Arnold, Hoffman & Co.Court of Appeals for the First Circuit · 1929
  5. Acme Card System Co. v. Remington Rand Business Service, Inc.District Court, W.D. New York · 1935

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