Legal Opinion

Strong v. Carver Cotton Gin Co.

Massachusetts Supreme Judicial Court

Decided May 21, 1909PublishedCited by 15 opinions

Contract by Sarah F. Strong, executrix of the will of Frederick S. Strong, one of the owners of letters patent of the United States issued to Frederick S. Strong and Frederick C. Mann on August 22,1893, for an automatic feed attachment, against the defendant as exclusive licensee under that patent, to recover royalties for automatic feed attachments made and sold by the defendant under the patent and license, the first count for the recovery of royalties under a contract in…

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Contract by Sarah F. Strong, executrix of the will of Frederick S. Strong, one of the owners of letters patent of the United States issued to Frederick S. Strong and Frederick C. Mann on August 22,1893, for an automatic feed attachment, against the defendant as exclusive licensee under that patent, to recover royalties for automatic feed attachments made and sold by the defendant under the patent and license, the first count for the recovery of royalties under a contract in writing, and the second count for the recovery of royalties by virtue of an implied obligation to pay them growing out…

1Opinion of the CourtSheldon, J.

It is assumed by both parties that the judge of the Superior Court acted rightly in ruling that the machines which had been manufactured and sold by the defendant were *211not within the terms of the letters patent held by the plaintiff and Mann, and in ordering a verdict for the defendant on the first count of the declaration. But the plaintiff sought in her second count to hold the defendant for royalties upon the ground that the defendant had manufactured and sold its machines as and for machines covered by the plaintiff’s patent, and included within the terms of the written agreement, and so…

2Cases cited5 opinions

  1. Electric Welding Co. v. PrinceMassachusetts Supreme Judicial Court · 1909
  2. Strong v. Carver Cotton Gin Co.Massachusetts Supreme Judicial Court · 1907
  3. Smith v. LincolnMassachusetts Supreme Judicial Court · 1908
  4. Saures v. Stevens Manufacturing Co.Massachusetts Supreme Judicial Court · 1907
  5. Lewis v. CoupeMassachusetts Supreme Judicial Court · 1908

3Cited by15 opinions

  1. Leland v. Order of United Commercial Travelers of AmericaMassachusetts Supreme Judicial Court · 1919
  2. Everett-Morgan Co. v. Boyajian PharmacyMassachusetts Supreme Judicial Court · 1923
  3. Fuller v. AndrewMassachusetts Supreme Judicial Court · 1918
  4. Anti v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1923
  5. Chertok v. DixMassachusetts Supreme Judicial Court · 1915

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