Walter A. Wood Mowing & Reaping MacHine Co. v. Skinner
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF NEW YORK. This action was originally brought in the Supreme Court of the State of New York by Skinner, the defendant in error, for a breach of contract on the part of defendant (plaintiff. in error,) in refusing to account and pay for the use of a certain patented invention, known • as an improvement in oil-hole covers for journals,, described in letters patent No. 12-1,092, and reissue of the same, No. 10,061. The case was referred…
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ERROR TO THE SUPREME COURT OF THE STATE OF NEW YORK. This action was originally brought in the Supreme Court of the State of New York by Skinner, the defendant in error, for a breach of contract on the part of defendant (plaintiff. in error,) in refusing to account and pay for the use of a certain patented invention, known • as an improvement in oil-hole covers for journals,, described in letters patent No. 12-1,092, and reissue of the same, No. 10,061. The case was referred to a referee, who found substantially the following facts in his report: 1st. That the plaintiff and defendant entered…
1Opinion of the CourtJustice Brown
It is well settled by a long series of adjudications that, to give this court jurisdiction by writ of error to a state court, it must appear affirmatively, not only that a federal question was presented for decision to the highest court of the State having jurisdiction, but that its decision was necessary to the determination of the case, and that it was actually decided, or that the judgment as rendered could not have been given without deciding it. DeSaussure v. Gaillard, 127 U. S. 216.
Now, while the trial court appears to have held the defendant liable upon the ground that it had agreed to…
2Cases cited4 opinions
- Philadelphia Fire Assn. v. New YorkSupreme Court of the United States · 1886
- Johnson v. RiskSupreme Court of the United States · 1890
- De Saussure v. GaillardSupreme Court of the United States · 1888
- Beaupre v. NoyesSupreme Court of the United States · 1891
3Cited by24 opinions
- Williams v. KaiserSupreme Court of the United States · 1945
- Herb v. PitcairnSupreme Court of the United States · 1945
- New York Ex Rel. Bryant v. ZimmermanSupreme Court of the United States · 1928
- Holt v. Indiana Manufacturing Co.Supreme Court of the United States · 1900
- Lynch v. New York Ex Rel. PiersonSupreme Court of the United States · 1934
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