Badische Anilin & Soda Fabrik v. A. Klipstein & Co.
U.S. Circuit Court for the District of Southern New York
In Equity. Final hearing on pleadings and proofs. The suit is for infringement of United States letters patent 524,254, August 7, 1894 (application filed April 1, 1893), to Paul Julius, assignor to complainant, for safranine azo naphthol lake. Patented in England, No. 4,543; issued January 2, 1892, on an application of March 13, 1891.
1Opinion of the Court
LACOMBE, Circuit Judge.
Defendants object to the maintenance of the suit on the ground-that there is “no proof of the incorporation of the complainant, and. therefore of its capacity to sue.” Counsel for complainant contends that such objection can be raised only by a special plea in abatement or bar. This question of practice need not be passed upon, since upon the record the incorporation of complainant is proved. A corporation is an artificial person. Its birth is regulated by the laws of the sovereignty which permits it to be created. What acts of private and official persons, what…
2Cases cited10 opinions
- Church of the Holy Trinity v. United StatesSupreme Court of the United States · 1892
- Godfrey v. EamesSupreme Court of the United States · 1864
- Thomson-Houston Electric Co. v. Elmira & H. Ry. Co.Court of Appeals for the Second Circuit · 1896
- Badische Anilin & Soda Fabrik v. KalleU.S. Circuit Court for the District of Southern New York · 1899
- Badische Anilin & Soda Fabrik v. KalleCourt of Appeals for the Second Circuit · 1900
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3Cited by47 opinions
- Electric Storage Battery Co. v. ShimadzuSupreme Court of the United States · 1939
- Century Electric Co. v. Westinghouse Electric & Mfg. Co.Court of Appeals for the Eighth Circuit · 1911
- Carson Inv. Co. v. Anaconda Copper Mining Co.Court of Appeals for the Ninth Circuit · 1928
- Kuehmsted v. Farbenfabriken of Elberfeld Co.Court of Appeals for the Seventh Circuit · 1910
- Kalo Inoculant Co. v. Funk Bros. Seed Co.Court of Appeals for the Seventh Circuit · 1947
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