McSherry Mfg. Co. v. Dowagiac Mfg. Co.
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Western Division of the Southern District of Ohio. This is a bill in equity to restrain the infringement of patent No. 440,230, granted February 10, 1891, 1o W. F. Hoyt for an improvement in grain-drills.
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Appeal from the Circuit Court of the United States for the Western Division of the Southern District of Ohio. This is a bill in equity to restrain the infringement of patent No. 440,230, granted February 10, 1891, 1o W. F. Hoyt for an improvement in grain-drills. Tlxe court below held the patent valid, and that the defendant had infringed Ihe first 'three claims, but (hat the, evidence failed to show the sale of any drills embodying the elements of claims 4 and 5. The sixth claim of the patent was not involved. From this decree both parlies have appealed, — the complainant from so much of the…
1Opinion of the CourtLitrtoy, Circuit Judge
The patent to Hoyt was for improvements in that class of grain-drills generally known as a “shoe drill.” Such drills are used for sowing small grain in rows; the grain being dropped from a hopper into a furrow cut in the ground by a knife or point, called the “shoe,” and then covered by a heavy chain dragged behind, or, as in the (¡ase of the structure covered by the fourth and fifth claims of Hoyt’s patent, by a press or covering-wheel following the shoe. The answer put in issue the novelty and patentability of the invention of the patent. That issue was found against the defendants. Yo…
2Cases cited6 opinions
- Miller v. Eagle Manufacturing Co.Supreme Court of the United States · 1894
- Bundy Mfg. Co. v. Detroit Time-Register Co.Court of Appeals for the Sixth Circuit · 1899
- McCormick Harvesting Mach. Co. v. C. Aultman & Co.Court of Appeals for the Sixth Circuit · 1895
- Chicago, Milwaukee & St. Paul Railway Co. v. LowellSupreme Court of the United States · 1894
- Penfield v. Chambers Bros. Co.Court of Appeals for the Sixth Circuit · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- National Hollow Brake-Beam Co. v. Interchangeable Brake-Beam Co.Court of Appeals for the Eighth Circuit · 1901
- Dowagiac Mfg. Co. v. Superior Drill Co.Court of Appeals for the Sixth Circuit · 1902
- Claude Neon Lights, Inc. v. E. MacHlett & SonCourt of Appeals for the Second Circuit · 1929
- Vrooman v. PenhollowCourt of Appeals for the Sixth Circuit · 1910
- Schiebel Toy & Novelty Co. v. ClarkCourt of Appeals for the Sixth Circuit · 1914
30 more not listed; retrieve them via the Exa API.