Brooks v. Byam
U.S. Circuit Court for the District of Massachusetts
Bill in equity [by William Brooks against Ezekiel Byam and others to enjoin prosecution of a suit at law, and for other relief. Heard on plaintiff’s exceptions to the answer. Exceptions allowed]. The bill in this case states, that one Alonzo D..
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Bill in equity [by William Brooks against Ezekiel Byam and others to enjoin prosecution of a suit at law, and for other relief. Heard on plaintiff’s exceptions to the answer. Exceptions allowed]. The bill in this case states, that one Alonzo D.. Phillips obtained letters patent [dated October 24, 1836, and numbered 68] for the making of friction matches; that he sold six rights therein, that is, the right to employ six persons at the same time, in the manufacture of the said matches, to one John Brown; and that Brown sold one such right to the plaintiff; but that the deeds of conveyance, both…
1Opinion of the Court
STORY, Circuit Justice.
The question arising, in this case, is upon the exception taken by the plaintiff in equity, to the answer of Prentiss Whitney, one of the defendants, “because, in stating in his answer, what he has been informed of by Byam (another defendant), he does not say, whether he actually believes the same to be true.” Certainly, this exception is taken in a form and manner entirely too general, to be upheld by the court. The exception should have stated the charges in the bill, and the interrogatory applicable thereto, to which the answer is addressed, and then have stated the…
2Cited by6 opinions
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- Fuller v. KnappU.S. Circuit Court for the District of Southern New York · 1885
- Schultz v. Phenix Ins.U.S. Circuit Court for the District of Western Virginia · 1896
- King v. CampbellU.S. Circuit Court for the District of Western Virginia · 1898
- Bower Barff Rustless Iron Co. v. Wells Rustless Iron Co.U.S. Circuit Court for the District of Southern New York · 1890
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