Percival v. Harger
Supreme Court of Iowa
Appeal from PoTk District Court. ActioN in chancery. The petition alleges that, through false and fraudulent representations of defendant, plaintiffs were induced to purchase from him an interest in a certain patent, issued to him for an improvement or invention for supplying air to the furnaces of boilers, used in generating steam for propelling machinery.
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Appeal from PoTk District Court. ActioN in chancery. The petition alleges that, through false and fraudulent representations of defendant, plaintiffs were induced to purchase from him an interest in a certain patent, issued to him for an improvement or invention for supplying air to the furnaces of boilers, used in generating steam for propelling machinery. The invention, it was claimed, would supply air to the furnaces, whereby a great saving would result in' the cost of fuel, and an increase of steam would be obtained; and representations to that effect, and of the great value of the…
1Opinion of the CourtBeck, J.
I. It is first insisted by plaintiffs that the patent is void for want of-novelty in the invention, that the contri-1 jubisdic-novelty of. vanee, which is covered by the patent, was in use ' prior to defendant’s alleged invention. This objection is met by defendant with the position that this court has no jurisdiction to pass upon the validity of his patent. The Federal Courts, it is claimed, alone have authority to decide upon such matters. We find it unnecessary to pass upon this jurisdictional question, and therefore enter upon no consideration of the arguments and authorities adduced…
2Cited by3 opinions
- Colton v. StanfordCalifornia Supreme Court · 1890
- Miller v. F. Beck & Co.Supreme Court of Iowa · 1899
- Ross v. Dowden Manufacturing Co.Supreme Court of Iowa · 1909