Morse v. Davis
U.S. Circuit Court for the District of Northern New York
This was an ¿ction on the case for the infringement of letters patent for an improvement in grass harvesters.- The declaration alleged, that the defendant. [George Davis] “unlawfully and wrongfully, -and without the consent or allowance' and against the will of the plaintiff [Albert W. Morse], did sell and vend to others to' be used, the said improvement, in violation and infringement of the exclusive right so secured” to the plaintiff, &c.
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This was an ¿ction on the case for the infringement of letters patent for an improvement in grass harvesters.- The declaration alleged, that the defendant. [George Davis] “unlawfully and wrongfully, -and without the consent or allowance' and against the will of the plaintiff [Albert W. Morse], did sell and vend to others to' be used, the said improvement, in violation and infringement of the exclusive right so secured” to the plaintiff, &c. To ’ this declaration the defendant pleaded the general issue and two special pleas. One of these, special pleas set forth, “that the alleged selling and…
1Opinion of the Court
HALL, District Judge.
The plea is clearly bad, for the cause first assigned. Conger v. Johnston, 2 Denio, 96; Commercial Bank of Buffalo v. Sparrow, Id. 97, 105, 106; Arthur v. Brooks, 14 Barb. 533; Steph. Pl. 387, 388.
I am inclined to think that the plea is also bad for the cause secondly assigned. If the defendant is entitled to shield himself from prosecution on the ground that he was acting as the agent of another, the rules of pleading which require certainty, fulness, and precision in the statement of the facts in respect to which the issue is tendered, so as to enable the opposite party…
2Cases cited7 opinions
- Arthur v. BrooksNew York Supreme Court · 1853
- State v. BugbeeSupreme Court of Vermont · 1849
- Conger v. JohnstonNew York Supreme Court · 1846
- Commonwealth v. MajorCourt of Appeals of Kentucky · 1838
- French v. PeopleNew York Supreme Court · 1856
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