Stitzer v. Withers
Court of Appeals of Kentucky
CASE 21. — ACTION BY JAMES A. WITHERS AGAINST DAVID STITZER TO RECOVER UPON AN ASSIGNMENT OP AN INTEREST IN A PATENT PORTABLE HORSE STALL.— February 28. Appeal from Jefferson Circuit Court, Chancery Branch, (First Division). Shackelford Miller, Judge. Judgment for plaintiff, defendant appeals^ 1. Patent covers only what it claims; no more. (Bates v. Coe, 98 II. S., 31.) 2. If one patent does not infringe another, it is independent of it.
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CASE 21. — ACTION BY JAMES A. WITHERS AGAINST DAVID STITZER TO RECOVER UPON AN ASSIGNMENT OP AN INTEREST IN A PATENT PORTABLE HORSE STALL.— February 28. Appeal from Jefferson Circuit Court, Chancery Branch, (First Division). Shackelford Miller, Judge. Judgment for plaintiff, defendant appeals^ 1. Patent covers only what it claims; no more. (Bates v. Coe, 98 II. S., 31.) 2. If one patent does not infringe another, it is independent of it. (Stebbins Hydraulic Elevator Co. v. Stebbins, .4 Fed. Rep., 445; Frick v. The Geiser Mfg. Co., 100 Fed Rep., 94.) 3. An assignment of future improvements on…
1Opinion of the Court
*183OPINION by
Judge Settle-
— Reversing.
By the decree appealed from in this case appel-lee was adjudged to he the owner of an undivided half of patent numbered 732,232, for a portable horse stall, issued to the- appellee by the United States in November, 1902; the judgment being based upon an alleged assignment claimed by appellee to have been made him by appellant by written instrument of date August 16, 1899. It appears that appellant in 1897 secured a patent, No. 591,792, for a “knock-down horse stall” of his own invention. In 1899 he invented and secured a patent, No. 629,726, for a portable…
2Cases cited8 opinions
- Littlefield v. PerrySupreme Court of the United States · 1875
- Sun Insurance v. Greenville Building & Loan Ass'nSupreme Court of New Jersey · 1895
- Bridge v. Excelsior Co.Supreme Court of the United States · 1882
- United States v. SmithSupreme Court of the United States · 1882
- Jeffrey Manuf'g Co. v. Independent Electric Co.Court of Appeals for the Sixth Circuit · 1897
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- Universal Sales Corp. v. California Press Manufacturing Co.California Supreme Court · 1942
- Miller v. ModlinCourt of Appeals for the Fifth Circuit · 1924