Cowles Electric Smelting & Aluminum Co. v. Lowrey
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the Uuited States for the Eastern Division of the Northern District of Ohio. The bill in this case was filed in the court below by Grosvenor P. Lowrey, of the city of New York, against the Cowles Electric Smelting & Aluminum Company, an Ohio corporation doing business at Cleveland, and Alanson T. Osborn, the treasurer of the company, for the purpose of removing a cloud upon the title of the complainant in two patents assigned to him by one…
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Appeal from the Circuit Court of the Uuited States for the Eastern Division of the Northern District of Ohio. The bill in this case was filed in the court below by Grosvenor P. Lowrey, of the city of New York, against the Cowles Electric Smelting & Aluminum Company, an Ohio corporation doing business at Cleveland, and Alanson T. Osborn, the treasurer of the company, for the purpose of removing a cloud upon the title of the complainant in two patents assigned to him by one Charles S. Bradley, the patentee therein, and to quiet the title of the complainant in said patents. The bill, after…
1Opinion of the CourtSeverens, District Judge
The first of the questions presented by this record relates to the application of the rules of evidence in respect to the competency of proof of the prior and contemporaneous parol negotiations of the parties, for the purpose of affecting the construction of the contract. The competency of such evidence depends upon the nature of the proceeding and the purpose for which it is offered. If the proceeding is for the purpose of reforming the writing so that it shall truly express the intentions and purposes of the parties, such evidence is no doubt admissible, for in such a case the primary…
2Cases cited12 opinions
- O'Reilly v. MorseSupreme Court of the United States · 1854
- Winans v. DenmeadSupreme Court of the United States · 1854
- Tilghman v. ProctorSupreme Court of the United States · 1881
- Morley Sewing MacHine Co. v. LancasterSupreme Court of the United States · 1889
- Eames v. AndrewsSupreme Court of the United States · 1887
7 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Electric Smelting & Aluminum Co. v. Pittsburg Reduction Co.Court of Appeals for the Second Circuit · 1903
- Northern Pac. Ry. Co. v. United StatesDistrict Court, D. Minnesota · 1946
- Baltimore & O. R. Co. v. Youngstown Boiler & Tank Co.Court of Appeals for the Sixth Circuit · 1933
- St. Paul, M. & M. Ry. Co. v. Western Union Tel. Co.Court of Appeals for the Eighth Circuit · 1902
- Electric Smelting & Aluminum Co. v. Pittsburgh Reduction Co.U.S. Circuit Court for the District of Western New York · 1901
2 more not listed; retrieve them via the Exa API.