Chadeloid Chemical Co. v. H. B. Chalmers Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United Slates for the Southern District of New York. Suit by the Chadeloid Chemical Company against the H. B. Chalmers Company and another. From an interlocutory decree granting an injunction and directing an accounting, defendants appeal.
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Appeal from the District Court of the United Slates for the Southern District of New York. Suit by the Chadeloid Chemical Company against the H. B. Chalmers Company and another. From an interlocutory decree granting an injunction and directing an accounting, defendants appeal. The bill, filed in May, 1916, demands that defendants convoy or have conveyed and transferred to plaintiff two patents (1,060,251 and 1,079,665), issued to one Dunham in 1913, on applications of the individual defendant Chalmers, and also all other “formula; improvements and inventions mad;; or devised by Chalmers…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as as above). Of the very numerous objections to recovery made by defendants, we notice the following: (1) Plaintiffs demand is barred by laches; (2) it is based on a contract unlawful because unconscionable in its scope, and avoided by its failure to limit a, time after which Chalmers et al. would be free to keep their own inventions; (3) Chalmers was discharged by plaintiff’s new or further agreement with Filis; (4) plaintiff is not entitled to such an injunction as was granted, nor (5) to any accounting.
[ 1 ] (1) The facts as we have found them do not rest on…
2Cases cited7 opinions
- Aspinwall, Manuf'g Co. v. GillUnited States Circuit Court · 1887
- Westinghouse Air-Brake Co. v. Chicago Brake & Manufacturing Co.U.S. Circuit Court for the Northern District of Illnois · 1898
- Thibodeau v. HildrethCourt of Appeals for the First Circuit · 1903
- Lederer v. Garage Equipment Mfg. Co.Court of Appeals for the Seventh Circuit · 1916
- Kilmer Manuf'g Co. v. GriswoldCourt of Appeals for the Second Circuit · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- John Zwack, Bela Zwack and Dora Zwack, as Co-Partners Doing Business as J. Zwack & Company v. Kraus Bros. & Co., Inc.Court of Appeals for the Second Circuit · 1956
- Ingersoll-Rand Co. v. CiavattaSupreme Court of New Jersey · 1988
- Habirshaw Electric Cable Co. v. Habirshaw Electric Cable Co.Court of Appeals for the Second Circuit · 1924
- H. M. Kolbe Co., Inc. v. Armgus Textile Company, Inc. And Happy Cottons, Inc.Court of Appeals for the Second Circuit · 1963
- Conway v. WhiteCourt of Appeals for the Second Circuit · 1925
7 more not listed; retrieve them via the Exa API.