Dudley v. . Mayhew
New York Court of Appeals
Appeal from the supreme court. In December, 1837, letters patent were issued by the government of the United States to Jonathan G. Hathaway, for “ a new and improved mode of applying heat to cooking stoves.”
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Appeal from the supreme court. In December, 1837, letters patent were issued by the government of the United States to Jonathan G. Hathaway, for “ a new and improved mode of applying heat to cooking stoves.” In March, 1840, the complainant Dudley, through several intermediate assignments, became the owner of the patent for the county of Erie, in the state of New-York, and in 1842 he filed the bill in this cause before the vice chancellor of the eighth circuit, against the defendant Mayhew, for the purpose of restraining him from manufacturing and selling the stove which was the subject of the…
1Opinion of the CourtStrong, J.
It was insisted on the argument before us, as it had been in the court below, by the counsel for the plaintiff, that the defendant was precluded from raising the question of jurisdiction by his written stipulation that he would not do so, given for a valuable consideration, and filed with the examiner as a document in the cause. It may have been a breach of faith and of good morals in the defendant to insist upon the objection after his solemn agreement to waive it; but that is no reason why any court should adopt the strong measure of grant ing a perpetual injunction in a case where it has…
2Cases cited3 opinions
- Davis v. PackardSupreme Court of the United States · 1833
- Livingston v. Van IngenCourt for the Trial of Impeachments and Correction of Errors · 1812
- Parsons v. BarnardNew York Supreme Court · 1810
3Cited by66 opinions
- Sentenis v. . LadewNew York Court of Appeals · 1893
- McMahon v. . RauhrNew York Court of Appeals · 1871
- Heiser v. . the Mayor, Etc., of N.Y.New York Court of Appeals · 1887
- Matter of Torge v. . Vil. of SalamancaNew York Court of Appeals · 1903
- Brewster v. J. & J. Rogers Co.New York Court of Appeals · 1901
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