Legal Opinion

State Bank of Chicago v. Hillman's

Court of Appeals for the Seventh Circuit

Decided June 10, 1910No. 1,629PublishedCited by 19 opinions

Appeal from the Circuit Court of the United States for the Northern Division of the Northern District of Illinois. Suit in equity by the State .Bank of Chicago, Walter A. Mayr,. Charles G. Carlson, and the Chicago Curtain Stretcher Company against Hillman’s, a corporation. Decree for defendant, and complainants appeal. The appeal is from a decree dismissing the bill for want of equity.

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Appeal from the Circuit Court of the United States for the Northern Division of the Northern District of Illinois. Suit in equity by the State .Bank of Chicago, Walter A. Mayr,. Charles G. Carlson, and the Chicago Curtain Stretcher Company against Hillman’s, a corporation. Decree for defendant, and complainants appeal. The appeal is from a decree dismissing the bill for want of equity. The bill was to restrain the infringement of letters patent No. 705,857,. issued July 29,1902, to Walter A. Mayr, for a curtain-stretcher. The-material descriptive portion of the patent is as follows: “My…

1Opinion of the CourtGrosscup, Circuit Judge

The curtain-stretcher put upon the market by appellee and sold in very great numbers is identical with the curtain-stretcher that the appellants sell. If, therefore, the curtain-stretcher that appellants put upon the market be within the Mayr patent, and the Mayr patent be valid, a case of infringement is made out.

The descriptive portion of the patent shows a brace, on the one end of which is a plate pivotally connected with one set of side bars, and on the other end another plate, greater in length however, pivotally connected with the other set of side bars; each plate proportioned in…

2Cases cited4 opinions

  1. Continental Paper Bag Co. v. Eastern Paper Bag Co.Supreme Court of the United States · 1908
  2. Anderson v. HelveringSupreme Court of the United States · 1940
  3. Winans v. DenmeadSupreme Court of the United States · 1854
  4. Edison v. American Mutoscope Co.Court of Appeals for the Second Circuit · 1902

3Cited by19 opinions

  1. Burroughs Adding Mach. Co. v. Felt & Tarrant Mfg. Co.Court of Appeals for the Seventh Circuit · 1917
  2. Weil Pump Co. v. Chicago Pump Co.Court of Appeals for the Seventh Circuit · 1934
  3. Texas Co. v. Globe Oil & Refining Co.District Court, N.D. Illinois · 1953
  4. Benoit v. Wadley Co.Court of Appeals for the Seventh Circuit · 1932
  5. I. T. S. Rubber Co. v. Essex Rubber Co.District Court, D. Massachusetts · 1920

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