Johnson Co. v. Wharton
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OE THE UNITED STATES FOR THE EASTERN DISTRICT Off PENNSYLVANIA. By written agreement executed November 24,1885, between William Wharton, Jr., & Co., a limited partnership association, and the Johnson Steel Street Bail Company, a corporation — to be hereafter referred to as the Wharton and Johnson companies — the latter acquired the right to make and sell, upon certain conditions, guard rails constructed according td the specifications attached to…
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ERROR TO THE CIRCUIT COURT OE THE UNITED STATES FOR THE EASTERN DISTRICT Off PENNSYLVANIA. By written agreement executed November 24,1885, between William Wharton, Jr., & Co., a limited partnership association, and the Johnson Steel Street Bail Company, a corporation — to be hereafter referred to as the Wharton and Johnson companies — the latter acquired the right to make and sell, upon certain conditions, guard rails constructed according td the specifications attached to letters patent granted to William Wharton, Jr., for an improved guard rail. The present action was brought upon this…
1Opinion of the CourtJustice Harlan
The question, upon the merits, which the defendant’s affidavit of defence presented, was whether the girder guard rails manufactured and sold by it were covered by the Wharton patent and by the license granted by the agreement of November 24, 1885. But that precise question, it is admitted, was presented and determined in the former suit between the same parties. And we are to inquire, on this writ of error, whether the court below erred in holding that the judgment in the former suit concluded that question between the parties. The learned counsel for the defendant insists that it did not,…
2Cases cited8 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Hopkins v. LeeSupreme Court of the United States · 1821
- Smith v. KernochenSupreme Court of the United States · 1849
- Pennington v. GibsonSupreme Court of the United States · 1854
- Stout v. LyeSupreme Court of the United States · 1881
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3Cited by90 opinions
- United States v. Munsingwear, Inc.Supreme Court of the United States · 1950
- Southern Pacific Railroad v. United StatesSupreme Court of the United States · 1897
- Standefer v. United StatesSupreme Court of the United States · 1980
- Winters v. Diamond Shamrock Chemical Co.Court of Appeals for the Fifth Circuit · 1998
- New Orleans v. Citizens' BankSupreme Court of the United States · 1897
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