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Legal Opinion

Barney v. Peck

U.S. Circuit Court for the District of Southern New York

Decided April 1, 1883PublishedCited by 4 opinions

Demurrer to Bill.

1Opinion of the CourtWallace, J.

When the bill alleges infringement of several patents for different inventions, to escape the objection of multifariousness it must aver that the inventions hre capable of conjoint use, and are in fact so used by the defendant. Nellis v. McLanahan, 6 Fisher, Pat. Cas. 286; Gamewell Fire Alarm Tel. Co. v. Chillicothe, 7 Fed, Rep. 351; Hayes v. Dayton, 8 Fed. Rep. 702. The bill here is founded on distinct patents, and alleges that “the defendants have unlawfully used the said patented inventions, and have made and sold skates containing and embodying in their construction said inventions or…

2Cited by4 opinions

  1. Wilkins Shoe-Button Fastener Co. v. WebbU.S. Circuit Court for the District of Northern Ohio · 1898
  2. Union Switch & Signal Co. v. Philadelphia & R. R.U.S. Circuit Court for the District of Eastern Pennsylvania · 1895
  3. Robinson v. Chicago Rys. Co.Court of Appeals for the Seventh Circuit · 1909
  4. United States Mineral Wool Co. v. Manville Covering Co.U.S. Circuit Court for the District of Eastern Wisconsin · 1900

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