Legal Opinion

Child v. Boston & F. Iron Works

U.S. Circuit Court for the District of Massachusetts

Decided January 1, 1874PublishedCited by 2 opinions

Bill in equity to restrain alleged infringement of letters-patent [No. 98,087] for improvement in printing-presses, granted Charles Montague, assignor to the complainant [Cyril C. Child], Dec. 21, 1809. The defendant [The Boston and Fairhaven Iron Works] admitted the manufacture and sale of presses containing the patented improvement, hut denied that Montague was the original and first inventor, and denied that it was new.

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Bill in equity to restrain alleged infringement of letters-patent [No. 98,087] for improvement in printing-presses, granted Charles Montague, assignor to the complainant [Cyril C. Child], Dec. 21, 1809. The defendant [The Boston and Fairhaven Iron Works] admitted the manufacture and sale of presses containing the patented improvement, hut denied that Montague was the original and first inventor, and denied that it was new. The patented improvement consisted in a combination of mechanical devices, all of which were old; and the principal question in the case was whether the combination claimed…

1Opinion of the Court

SHEPLEY, Circuit Judge.

Letters-patent numbered 9S,087 were granted Dec. 21. 1869, to Charles Montague, assignor to Cyril C. Child, for improvement in printing-presses. This invention consisted: “First, in the use of a vibrating lever for moving the type-bed, •constructed in two parts, one of which is made to slide out and into the other, somewhat like the joints of a telescope, so that the upper end of the lever may be attached ■directly to the under side of the bed (dispensing with the use of a link), and move in a direct line with the bed, the upper portion of said lever moving out of or…

2Cases cited2 opinions

  1. In re Extradition of FerrelleU.S. Circuit Court for the District of Southern New York · 1886
  2. Child v. Boston & Fairhaven Iron WorksU.S. Circuit Court for the District of Massachusetts · 1884

3Cited by2 opinions

  1. Child v. Boston & Fairhaven Iron WorksU.S. Circuit Court for the District of Massachusetts · 1884
  2. Jerry Harmon Motors, Inc. v. Farmers Union Grain Terminal Ass'nNorth Dakota Supreme Court · 1983

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