Colonial Trust Co. v. Chaplin-Fulton Mfg. Co.
District Court, W.D. Pennsylvania
In Equity. Suit by the Colonial Trust Company, trustee, the Westinghouse Electric & Manufacturing Company, and the Chowning Regulator Corporation against the Chaplin-Fulton Manufacturing Company and others. On motion to dismiss bill.
1Opinion of the Court
THOMSON, District Judge.
This is a motion to dismiss the bill, first, for misjoinder of parties plaintiff; and, second, for misjoinder of parties defendant. At the argument plaintiffs’ counsel asked leave to amend the bill alleging conjoint or co-operative infringement by the defendants. The motion being allowed, the bill will be considered as so amended.
As to misjoinder of parties plaintiff: The bill is for infringement of two patents. The title to one, No. 935,283 -is as follows: Assignment from John H. Stringham to the Westinghouse Machine Company, dated May 24, 1905, and duly recorded;…
2Cases cited3 opinions
- Waterman v. MacKenzieSupreme Court of the United States · 1891
- Gayler v. WilderSupreme Court of the United States · 1851
- Low v. McMasterDistrict Court, E.D. Pennsylvania · 1919
3Cited by2 opinions
- Radio Corporation of America v. Lehr Auto Supply Co.Court of Appeals for the Second Circuit · 1928
- Buck v. KloeppelDistrict Court, S.D. Florida · 1935