Legal Opinion

Pope Manufacturing Co. v. Gormully & Jeffery Manufacturing Co.

Supreme Court of the United States

Decided April 4, 1892No. 4; 208PublishedCited by 8 opinions

APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS. This was a bill in equity for the infringement of letters patent No. 249,278, issued November 8, 1881, to Albert E. Wallace, for an axle bearing for vehicle wheels; and patent No. 280,421, issued July 3, 1883, to the same person and for a similar device.

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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS. This was a bill in equity for the infringement of letters patent No. 249,278, issued November 8, 1881, to Albert E. Wallace, for an axle bearing for vehicle wheels; and patent No. 280,421, issued July 3, 1883, to the same person and for a similar device. In addition to the usual allegations of the bill for an infringement, it was alleged that the defendants were bound by. certain covenants in the contract of December 1, Í884, entered into with the plaintiff, in which they acknowledged the validity of…

1Opinion of the CourtJustice Brown

As we have already held, in the case between the plaintiff and"defendant Gofimully, No. 204, that the contract of December 1, 1884, did hot operate to estop the defendants from contesting the validity of these patents, it is not necessary to consider this case any farther so far as the claim for recovery based upon this contract is concerned. The case must be tried as an ordinary suit in equity for the infringement of a patent.(1) Patent No. 249,278, to Albert E. Wallace, is for an •improvement in axle bearings for vehicle wheels. The' object of the invention seems to have been the…

2Cited by8 opinions

  1. Nachman Spring-Filled Corporation v. Kay Mfg. Co.Court of Appeals for the Second Circuit · 1943
  2. Electric Boat Co. v. Lake Torpedo Boat Co.District Court, D. New Jersey · 1914
  3. Connertin v. ConcannonOregon Supreme Court · 1927
  4. Hanson & Associates v. Farmers Cooperative Creamery Company Of Clear Lake, WisconsinCourt of Appeals for the Eighth Circuit · 1968
  5. Dowagiac Mfg. Co. v. BrennanU.S. Circuit Court for the District of Western Kentucky · 1902

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