Sargent v. Seagrave
U.S. Circuit Court for the District of Rhode Island
[This was a bill in equity by James Sargent and others against Joseph D. Seagrave.] This was an application for a preliminary injunction, before a trial at law, to protect the exclusive right of the complainants under letters-patent for an improvement in a machine for paring apples, and other vegetables.
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[This was a bill in equity by James Sargent and others against Joseph D. Seagrave.] This was an application for a preliminary injunction, before a trial at law, to protect the exclusive right of the complainants under letters-patent for an improvement in a machine for paring apples, and other vegetables. The letters-patent [No. 10,078] bore date on the fourth day of October, 1853. and this motion was heard on the - day of November, 1855. The bill alleged, and the affidavits showed a claim and exercise of the 'exclusive inchoate right, before the date of the letters-patent for nearly two years…
1Opinion of the Court
CURTIS, Circuit Justice.
This is a motion for a preliminary injunction .to restrain the defendant from violating the exclusive right of the complainants to make, use, and sell an improvement in a machine for paring fruit and vegetables. Under a former decision of this court, — Sargent v. Larned [Case No. 12,364], — machines, like those now produced and admitted to have been made and sold by this defendant, were held to infringe this patent; and no question on that point is made, at this time.
No answer has yet been filed, but the validity of the letters-patent is denied by an af-I fidavit of…
2Cited by13 opinions
- Aronson v. OrlovMassachusetts Supreme Judicial Court · 1917
- Adam v. FolgerCourt of Appeals for the Sixth Circuit · 1903
- Kirk v. United StatesSupreme Court of the United States · 1896
- Rein v. ClaytonU.S. Circuit Court for the District of Eastern Michigan · 1889
- W. A. Sheaffer Pen Co. v. Worth Featherweight Pen Co.District Court, S.D. New York · 1930
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