Legal Opinion
Schnauffer v. Aste
District Court, S.D. New York
Decided December 4, 1906PublishedCited by 1 opinion
In Equity. Argument on plea interposed by defendant to bill of complaint in a suit for infringement of a patent.
1Opinion of the Court
BAY, District Judge.
By setting down the plea for argument the complainant has admitted the facts pleaded therein. General Electric Company v. N. E. Electric Mfg. Co., 128 Fed. 738, 63 C. C. A. 448; Farley v. Kittson, 120 U. S. 303-314, 7 Sup. Ct. 534, 30 L. Ed. 684; Burrell v. Hackley (C. C.) 35 Fed. 833. If, however, the plea does not go to all the material allegations of the bill, and make a complete defense, and reduce the issue to a single point or question, the plea cannot be sustained. The plea in express terms refuses to confess or acknowledge the validity, or even the existence, of…
2Cases cited5 opinions
- Farley v. KittsonSupreme Court of the United States · 1887
- General Electric Co. v. New England Electric Mfg. Co.Court of Appeals for the Second Circuit · 1904
- Burrell v. HackleyU.S. Circuit Court for the District of Northern New York · 1888
- Hubbell v. De LandU.S. Circuit Court for the District of Eastern Wisconsin · 1882
- Thresher v. General Electric Co.U.S. Circuit Court for the District of Northern New York · 1906
3Cited by1 opinion
- Vacuum Cleaner Co. v. DunnU.S. Circuit Court for the District of Southern New York · 1911