American Bank Protection Co. v. City Nat. Bank of Johnson City
U.S. Circuit Court for the District of Eastern Tennessee
In Equity. Suit by the American Bank Protection Company against the City National Bank of Johnson City, Tennessee.
1Opinion of the Court
SANFORD, District Judge.
1. Defendant’s preliminary motion to dismiss the bill, in effect for want of title to the patent in suit, must be denied.
This motion denies complainant’s right to the relief sought, partly on account of matters shown in the proof, and partly on account of matters shown by affidavit. The defense goes to the merits and cannot, in my opinion, be made by motion based on affidavits, but presents an issue of fact to be determined, on the merits, under the pleadings and proof in the case as any of the other issues in the case. This is not a case where the bill may be…
2Cases cited22 opinions
- Seymour v. OsborneSupreme Court of the United States · 1871
- Boyden Power-Brake Co. v. Westinghouse Westinghouse v. Boyden Power-Brake Co.Supreme Court of the United States · 1898
- Mast, Foos & Co. v. Stover Manufacturing Co.Supreme Court of the United States · 1900
- The Corn-Planter PatentSupreme Court of the United States · 1874
- Klein v. RussellSupreme Court of the United States · 1874
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3Cited by6 opinions
- Straubel v. CommissionerUnited States Board of Tax Appeals · 1933
- Gatch Wire Goods Co. v. W. A. Laid-Law Wire Co.Court of Appeals for the Seventh Circuit · 1939
- American Bank Protection Co. v. Electric Protection Co.U.S. Circuit Court for the District of Minnesota · 1910
- J. R. Clark Co. v. Jones & Laughlin Steel Corp.District Court, S.D. Indiana · 1960
- Central Hanover Bank & Trust Co. v. SetlowDistrict Court, D. Connecticut · 1932
1 more not listed; retrieve them via the Exa API.