Flint v. Hutchinson Smoke Burner Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. (1) False statements made by an individual in regard to articles manufactured by another, for the-purpose of preventing sales by him of such articles, and which do in fact prevent such sales, or injure the manufacturer in his business, constitute a cause of action.
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Appeal from St. Louis City Circuit Court. (1) False statements made by an individual in regard to articles manufactured by another, for the-purpose of preventing sales by him of such articles, and which do in fact prevent such sales, or injure the manufacturer in his business, constitute a cause of action. Snow v. Judson, 38 Barb. 210; Benton v. Pratt, 2 "Wend. 385; White v. Merritt, 3 Seld, 352; Gallagher v. Brunch, 6 Conn. 346. (2) A patentee is not entitled to publish statements of his intention to institute legal proceedings, in order to deter persons from purchasing alleged infringements…
1Opinion of the CourtBlack, J.
This ease is now before us on the plaintiff’s appeal from a judgment sustaining a demurrer to the petition. The petition discloses the following facts:
The plaintiffs, Samuel E. Flint and William F. Mills, are the owners of letters patent issued by the United States in 1888, for a smoke-preventing device. The defendant corporation is the owner of three letters patent issued in 1877 and 1878 for a device for aiding combustion in steam-boiler and other furnaces, and an air-feeding attachment for locomotives, all issued to William S. Hutchinson. It is alleged that the inventions described in the…
2Cases cited7 opinions
- Boston Diatite Co. v. Florence Manufacturing Co.Massachusetts Supreme Judicial Court · 1873
- Brandreth v. LanceNew York Court of Chancery · 1839
- Singer Manufacturing Co. v. Domestic Sewing Machine Co.Supreme Court of Georgia · 1872
- Life Ass'n of America v. BoogherMissouri Court of Appeals · 1876
- Whitehead v. KitsonMassachusetts Supreme Judicial Court · 1876
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3Cited by19 opinions
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- Greenberg v. BurglassSupreme Court of Louisiana · 1969
- Montgomery Ward & Co. v. United Retail, Wholesale & Department Store Employees of AmericaIllinois Supreme Court · 1948
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