Andrews v. Thum
Court of Appeals for the First Circuit
.Appeal from the Circuit Court of the United States for the District of Massachusetts. This was a suit by Otto Thum and others against John A. Andrews and others for infringement of patents No. 278,294 and No. 305,118, issued to said Otto Thum, for fly paper.
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.Appeal from the Circuit Court of the United States for the District of Massachusetts. This was a suit by Otto Thum and others against John A. Andrews and others for infringement of patents No. 278,294 and No. 305,118, issued to said Otto Thum, for fly paper. The alleged infringement consisted in the sale by defendants of fly paper manufactured by Benjamin F. B. Willson, carrying on business under the name of Willson & Co. Upon complainants’ threatening suit against defendants for such infringement, John W. F. Willson and said Benjamin, F. B. Willson had entered.into an agreement with…
1Opinion of the Court
PUTNAM, Circuit Judge.
This is a motion to dismiss an appeal in a patent cause. The bill was brought against the vendors of the alleged infringing article. With the consent of the nominal defendants, the manufacturers assumed and carried on the defense in the circuit court, so that the ultimate result, when reached, will constitute res adjudicata as against them. After the manufacturers had so far embarked in the defense as to involve essentially their own interests, the permission to conduct it became irrevocable, unless they failed to conduct it properly, or to give indemnity or comply with…
2Cases cited4 opinions
- Aspen Mining & Smelting Co. v. BillingsSupreme Court of the United States · 1893
- Voorhees v. John T. Noye Manufacturing Co.Supreme Court of the United States · 1894
- Owings v. Lessee of TiernanSupreme Court of the United States · 1836
- Seagrist v. CrabtreeSupreme Court of the United States · 1888
3Cited by9 opinions
- Derby v. Worcester CountyCourt of Appeals for the First Circuit · 1900
- Marden v. Campbell Printing-Press & Manufacturing Co.Court of Appeals for the First Circuit · 1895
- Payne v. GarthCourt of Appeals for the Eighth Circuit · 1922
- Klein v. Southern Pac. Co.U.S. Circuit Court for the District of Oregon · 1905
- Stearns & White Co. v. LeeCourt of Appeals for the Seventh Circuit · 1924
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