Hurlburt v. Carter & Co.
U.S. Circuit Court for the District of Northern New York
In Equity. On motion for a preliminary injunction. Bill by Charles A. Hurlburt and others against Carter & Company, Limited, to restrain an alleged infringement of a patent.
1Opinion of the CourtCoxe, J.
The complainants’ patent, No. 288,048, was granted to John H. Frink, November 6, 1883, for an improvement in duplicate sales-slips. The patent has never been adjudicated. There is no proof of acquiescence. True, a general statement that the patent has been recognized and respected by the public appears in one of the affidavits, but it is unsupported by facts. Names, places, and figures are wanting. An indefinite averment of this character avails but little, especially when it also appears by the moving papers that infringing devices in large numbers have been openly sold and used since…
2Cases cited2 opinions
- Spring v. Domestic Sewing Mach. Co.U.S. Circuit Court for the District of New Jersey · 1879
- Brown v. HinkleyU.S. Circuit Court for the District of Eastern Michigan · 1873
3Cited by1 opinion
- Palmer Pneumatic Tire Co. v. Newton Rubber WorksU.S. Circuit Court for the District of Western Virginia · 1896