Legal Opinion

Oliphant v. Salem Flouring Mills Co.

District Court, D. Oregon

Decided March 29, 1878PublishedCited by 2 opinions

[Action by W. S. Oliphant against the Salem Flouring Mills Company, to recover penalties for the violation of section 4901 of the Revised Statutes.] 2 Heard on demurrer.

1Opinion of the Court

DEADY, District Judge.

This action is brought by the plaintiff, who sues as well for himself as the United States, under the third clause of section 4,901 of the Revised Statutes, to recover of the defendant penalties for marking one thousand sacks of unpatent-ed flour with the word “patent,” “for the purpose of deceiving the public, and having it understood and believed by the public that the flour put into each of said sacks was patented.”

The defendant demurs to the complaint, and for cause of demurrer alleges that it does not state facts sufficient to constitute a cause of action. Upon the…

2Cited by2 opinions

  1. Beecham v. JacobsCourt of Appeals for the Second Circuit · 1908
  2. Winne v. SnowDistrict Court, S.D. New York · 1884

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