Hamilton v. Kingsbury
U.S. Circuit Court for the District of Northern New York
[This was a bill in equity by Susan Hamilton against Gilbert J. Kingsbury and George T. Davis to restrain the infringement of certain letters patent for an improvement in saw mills. The cause was first before the court upon bill and plea, and the plea was allowed (Case No. 5.984); whereupon the plaintiff amended his bill by setting forth two unrecorded instruments. There was a plea to the amended bill, and a replication to the plea, and proofs were taken thereon.
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[This was a bill in equity by Susan Hamilton against Gilbert J. Kingsbury and George T. Davis to restrain the infringement of certain letters patent for an improvement in saw mills. The cause was first before the court upon bill and plea, and the plea was allowed (Case No. 5.984); whereupon the plaintiff amended his bill by setting forth two unrecorded instruments. There was a plea to the amended bill, and a replication to the plea, and proofs were taken thereon. The cause is now submitted to the court on briefs without oral argument.]
1Opinion of the Court
BLATCHFORD, Circuit Judge.
This suit is brought on letters patent [No. 51,310], granted to Palmer Hamilton, December 5th, 1865, for “improvements in saw mills.” The bill alleges infringement by the defendants by making, constructing, using and vending to others to be used, machines containing the patented invention. Palmer Hamilton, by an instrument in writing executed August 1st, 1866, conveyed to Milton A. Hamilton and to his legal representatives all the right, title and interest which he, the said Palmer Hamilton, had in the patented invention “as it was, or might be, applied to muley or…
2Cited by2 opinions
- Brush Electric Co. v. California Electric Light Co.Court of Appeals for the Ninth Circuit · 1892
- Jones v. BergerU.S. Circuit Court for the District of Maryland · 1893