Holt v. Silver
Massachusetts Supreme Judicial Court
Bill m equity, filed October 20, 1894, against Edgar O. Silver, said Silver, Henry C. Deane, Elmer E. Silver, and Frank W. Burdett, “ now or lately copartners ” under the firm name of Silver, Burdett, and Company, Silver, Burdett, and Company, a corporation, and John W. Tufts, alleging the following facts.
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Bill m equity, filed October 20, 1894, against Edgar O. Silver, said Silver, Henry C. Deane, Elmer E. Silver, and Frank W. Burdett, “ now or lately copartners ” under the firm name of Silver, Burdett, and Company, Silver, Burdett, and Company, a corporation, and John W. Tufts, alleging the following facts. In the four years prior to September 1, 1886, the plaintiff and the defendant Tufts, as joint authors, composed, prepared, and edited a series of books and charts for instruction in music, especially designed for use in public schools and educational institutions, all of which bore the…
1Opinion of the CourtLathrop, J.
1. The defendants’ plea and demurrer to the jurisdiction of the court were rightly overruled. The suit is in effect one for breach of contract, and to compel an account and a performance of the provisions of the contract in other respects. There is no doubt that the State courts have the power, and it is their duty, to decide any federal question arising collaterally in respect to the existence or validity or construction of a patent. Nash v. Lull, 102 Mass. 60. David v. Park, 103 Mass. 501. Binney v. Annan, 107 Mass. 94. The fact that the contracts were terminated when the bill was brought…
2Cases cited8 opinions
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- Callaghan v. MyersSupreme Court of the United States · 1888
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- David v. ParkMassachusetts Supreme Judicial Court · 1870
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3Cited by12 opinions
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