Walker v. Hawxhurst
U.S. Circuit Court for the District of Southern New York
This was an action, founded on the 5th section of the act of August 29, 1842 (5 Stat. 544), to recover a penalty for marking an unpatented article with a mark indicating that it was patented, for the purpose of deceiving the public. The defendant [Jotham W. Hawxhurst] had a verdict, and the plaintiff [Sylvanus Walker] now moved for a new trial.
1Opinion of the Court
NELSON, Circuit Justice.
A new trial is urged principally on the ground of an objection to the charge of the court. The counsel for the plaintiff requested the court to charge, that if the jury believed that the defendant intended the public to understand, by the words and figures he caused to be put on the article, that he had got a patent for it, he was liable for the penalty. The court refused so to charge, but charged, that if the defendant used the marks, knowing he had no right to, and with the intention of deceiving the public, then he was liable, but, if he used them, supposing he had…
2Cited by2 opinions
- French v. FoleyDistrict Court, S.D. New York · 1882
- Winne v. SnowDistrict Court, S.D. New York · 1884