Gamewell Fire-Alarm Tel. Co. v. Mayor
U.S. Circuit Court for the District of Southern New York
In Equity. Bill for infringement of letters patent. The defendant filed an answer which pleaded, (1) failure to make demand on the comptroller of the city of New York before bringing suit, as required by Laws N. Y. 1882, c. 410, § 1104; (2) denial of title; (3) non-infringement; (4) insufficient specification; (5) surreptitiously obtaining patent for invention of another; (6) want of novelty; and, (7) public use for more than two years.
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In Equity. Bill for infringement of letters patent. The defendant filed an answer which pleaded, (1) failure to make demand on the comptroller of the city of New York before bringing suit, as required by Laws N. Y. 1882, c. 410, § 1104; (2) denial of title; (3) non-infringement; (4) insufficient specification; (5) surreptitiously obtaining patent for invention of another; (6) want of novelty; and, (7) public use for more than two years. The complainant filed exceptions to the first defense stated, on the ground of impertinence, and other exceptions for insufficiency, in failing to answer the…
1Opinion of the CourtWallace, J.
The exceptions to the answer for impertinence are sustained for the reasons, (1) that the laws of New York, (section 1104, c. 410, Laws 1882,) respecting the presentation of claims against the city *313of New York to the comptroller for adjustment before bringing suit, only apply to such claims as can be prosecuted in the state courts by the actions or proceedings mentioned in section 1103; and, (2) if this enactment wore intended to apply to actions at law brought in the federal courts, it would not apply to suits in equity. The equity jurisdiction of the courts of the United States is subject…
2Cases cited3 opinions
- Payne v. HookSupreme Court of the United States · 1869
- Green's Administratrix v. CreightonSupreme Court of the United States · 1860
- Kittredge v. Claremont BankU.S. Circuit Court for the District of New Hampshire · 1846
3Cited by7 opinions
- National Hollow Brake Beam Co. v. Interchangeable Brake Beam Co.U.S. Circuit Court for the District of Eastern Missouri · 1897
- Federal Manufacturing & Printing Co. v. International Bank Note Co.U.S. Circuit Court for the District of Southern New York · 1902
- Tillinghast v. ChaceU.S. Circuit Court for the District of Rhode Island · 1903
- Whittemore v. PattenU.S. Circuit Court for the District of Southern California · 1897
- Brown-Crummer Inv. Co. v. City of BurbankDistrict Court, S.D. California · 1936
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