Legal Opinion

Kinsman v. Parkhurst

Supreme Court of the United States

Decided February 26, 1856PublishedCited by 52 opinions

This was an appeal from the circuit court of, the United States for the southern district of New York. The facts are stated in the opinion of the court. Mr. Keller made ten points. The first three assailed the validity of Parkhurst’s patent.

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This was an appeal from the circuit court of, the United States for the southern district of New York. The facts are stated in the opinion of the court. Mr. Keller made ten points. The first three assailed the validity of Parkhurst’s patent. The others raised the following questions :— 4. Whether the agreement, preventing one of the parties from making the article and both from selling it under, a certain price, was not void as being in restraint of trade and against public policy, if either or both of the parties knew that the patent was not valid. The 5th, 6th, and 7th related to the…

1Opinion of the CourtJustice Curtis

This is an appeal from a decree of the circuit court of the United States for the southern district of New York, in a suit in equity- brought by the appellee, Parkhurst, against the appellants. ’ The bill states, and the proofs show, that Parkhurst, being the owner of letters-patent for improvements in the ma chine for ginning cotton and wool, on the 22d of May, 1845,.. entered into a written agreement with Kinsman, the substance of which was, that Parkhurst was to be the owner of two thirds, and Kinsman of one third, of the letters-patent; that the business of manufacturing and selling the…

2Cases cited1 opinion

  1. McBlair v. GibbesSupreme Court of the United States · 1855

3Cited by52 opinions

  1. Lear, Inc. v. AdkinsSupreme Court of the United States · 1969
  2. Sola Electric Co. v. Jefferson Electric Co.Supreme Court of the United States · 1942
  3. Johnson v. Yellow Cab Transit Co.Supreme Court of the United States · 1944
  4. Armstrong v. American Exchange Nat. Bank of ChicagoSupreme Court of the United States · 1890
  5. Edward Katzinger Co. v. Chicago Metallic Manufacturing Co.Supreme Court of the United States · 1947

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