Mudgett v. Thomas
U.S. Circuit Court for the District of Southern Ohio
At Law. Action by Mudgett & Mudgett against Thomas & Bous and the Thomas Manufacturing Company for royalties under an exclusive license to manufacture under letters patent. Motion to strike out certain defenses.
1Opinion of the Court
SAGE, District Judge.
This is an action at law to recover royalties under an exclusive license issued by the plaintiffs to the defendants Thomas & Sons for the manufacture of hay tedders under a patent granted December 18, 1877, to John Mudgett, — one of the plaintiffs. The defendants filed separate answers. In the fifth and sixth defenses, which are-substantially the same in both answers, they incorporate, by reference, the second defense, to wit, that the defendants Thomas & Sons executed the license dated January 10, 1882, which purported to grant them, the exclusive right to make and sell…
2Cases cited6 opinions
- Pope Manufacturing Co. v. GormullySupreme Court of the United States · 1892
- Marston v. . SwettNew York Court of Appeals · 1880
- Sherman v. Champlain Transportation Co.Supreme Court of Vermont · 1858
- Birdsall v. PeregoU.S. Circuit Court for the District of Northern New York · 1865
- Magic Ruffle Co. v. Elm City Co.U.S. Circuit Court for the District of Connecticut · 1875
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3Cited by4 opinions
- The Armstrong Co. v. Shell Co. of Cal.California Court of Appeal · 1929
- Martin v. New Trinidad Lake Asphalt Co.District Court, D. New Jersey · 1919
- Universal Rim Co. v. ScottDistrict Court, N.D. Ohio · 1922
- Crew v. FlanaganSupreme Court of Minnesota · 1954