National Casket Co. v. Stolts
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the Southern District of New York. Suit in equity by the National Casket Company against Julius W. Stolts, as president and treasurer of J. & W. Stolts, an unincorporated joint-stock association. Decree dismissing bill on demurrer, and complainant appeals. On appeal from a decree of the Circuit Court for the Southern District of New York, dismissing the bill on demurrer.
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Appeal from the Circuit Court of the United States for the Southern District of New York. Suit in equity by the National Casket Company against Julius W. Stolts, as president and treasurer of J. & W. Stolts, an unincorporated joint-stock association. Decree dismissing bill on demurrer, and complainant appeals. On appeal from a decree of the Circuit Court for the Southern District of New York, dismissing the bill on demurrer. The bill alleges, the infringement of reissued letters patent, No. 12,750, for a face-plate for burial caskets, dated February 11, 1908, to William Hamilton, deceased,…
1Opinion of the Court
COXE, Circuit Judge.
As the case is now before us upon demurrer we can only consider the bill, the demurrer and the original and reissued patents, profert of both being made by the complainant. The defendant’s argument proceeds upon the theory that the issue between the parties is res judicata. The third ground of demurrer alleges:
“That it appears from the bill of complaint that the issues raised in the. present suit have been tried and disposed of by this court and that said prior adjudications constitute res judicata of all the issues of the present suit.”
We are unable to find such an…
2Cited by5 opinions
- Frank v. Western Electric Co.Court of Appeals for the Second Circuit · 1928
- Stillwell v. McPhersonCourt of Appeals for the Second Circuit · 1910
- Becker Steel Co. of America v. CummingsDistrict Court, S.D. New York · 1936
- National Casket Co. v. StoltsDistrict Court, S.D. New York · 1912
- Suren v. Oceanic S. S. Co.Court of Appeals for the Ninth Circuit · 1936