McCornack v. Sharples
Supreme Court of Pennsylvania
Appeal, No. 461, Jan. T., 1915, by cross plaintiff, from decree of C. P. No. 1, Philadelphia Co., Sept. T., 1912, No. 6225, on bill in equity for the assignment of a patent and cross bill for an accounting, in case of Philip M. Sharpies v. Herbert Mc-Cornack; Herbert McCornack v. Philip M. Sharpies. Bill in equity to obtain the assignment of a patent. Exceptions to report of J. B. Colahan, Jr., referee. The opinion of the Supreme Court states the facts.
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Appeal, No. 461, Jan. T., 1915, by cross plaintiff, from decree of C. P. No. 1, Philadelphia Co., Sept. T., 1912, No. 6225, on bill in equity for the assignment of a patent and cross bill for an accounting, in case of Philip M. Sharpies v. Herbert Mc-Cornack; Herbert McCornack v. Philip M. Sharpies. Bill in equity to obtain the assignment of a patent. Exceptions to report of J. B. Colahan, Jr., referee. The opinion of the Supreme Court states the facts. The court awarded the relief prayed for in the cross bill, but refused to allow interest on the royalties from the date when they were found…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
This appeal is from the same decree which has been under consideration in the opinion which has just been filed at No. 457, January Term, 1915. Two points are here raised. First, should interest have been allowed upon royalties which were not paid when due. Interest was refused by the referee and the court below. Second, should the appellee pay all the costs. The referee so held, but the court below divided them. On August 10, 1899, McCornack licensed Sharpies to use two inventions, upon payment of a royalty of $1.00 per machine for the use of each invention. For…
2Cases cited5 opinions
- West Republic Mining Co. v. Jones & LaughlinsSupreme Court of Pennsylvania · 1885
- McGowan v. Bailey, Wilson & Co.Supreme Court of Pennsylvania · 1897
- Jones v. FarquharSupreme Court of Pennsylvania · 1898
- Anthracite Lumber Co. v. LucasSupreme Court of Pennsylvania · 1915
- Thomas v. Harbison-Walker Refractories Co.Supreme Court of Pennsylvania · 1910
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- J. Purdy Cope Hotels Co. v. Fidelity-Phenix Fire InsuranceSuperior Court of Pennsylvania · 1937
- In Re Estate of BraunSuperior Court of Pennsylvania · 1994
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