Mark v. . Hyatt
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court of the first judicial department, entered upon an order made October 21, 1891, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Circuit. This was an action for a trespass. The facts, so far as material, are stated in the opinion. The Superior Court had no jurisdiction to grant an injunction against Mark, the defendant therein.
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Appeal from judgment of the General Term of the Supreme Court of the first judicial department, entered upon an order made October 21, 1891, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Circuit. This was an action for a trespass. The facts, so far as material, are stated in the opinion. The Superior Court had no jurisdiction to grant an injunction against Mark, the defendant therein. It is beyond the power of any local court, to grant an injunction in any cause brought in the right of a patentee. (H. S. Co. v. Reinold, 102 N. Y. 167; C. S.…
1Opinion of the CourtEnron, J.
The injury alleged in this action, and for which compensation is sought, originated in the operation and effect of a previous judgment obtained by Elizabeth Hyatt, one of the present defendants. In that action she sued the firm of Mark & Ingalls under a contract to manufacture as her licensees a patented article. Her complaint set out the terms of that agreement which showed a license granted by her for the term of her patents and of any reissues thereof; the-licensees binding themselves to pay a specific royalty and to-render due and correct accounts of their manufacture. The validity of the…
2Cases cited2 opinions
- Lawton v. . GreenNew York Court of Appeals · 1876
- Hyatt v. . IngallsNew York Court of Appeals · 1891
3Cited by21 opinions
- City of Yonkers v. Federal Sugar Refining Co.New York Court of Appeals · 1917
- H. P. Rieger & Co. v. KnightCourt of Appeals of Maryland · 1916
- Palm Beach Co. v. Palm Beach EstatesSupreme Court of Florida · 1933
- Keller v. ButlerNew York Court of Appeals · 1927
- FEDERATED MUT. IMPLEMENT & HDWE. INS. CO. v. GriffinDistrict Court of Appeal of Florida · 1970
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