Legal Opinion

McAleer v. United States

Supreme Court of the United States

Decided December 4, 1893No. 108PublishedCited by 32 opinions

APPEAL PROM THE OOHRT OP CLAIMS.. This was an appeal from a judgment of the Court of Claims, rendered March 31, 1890, dismissing the petition of one Philip McAleer, whose administratrix was substituted in this court.

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APPEAL PROM THE OOHRT OP CLAIMS.. This was an appeal from a judgment of the Court of Claims, rendered March 31, 1890, dismissing the petition of one Philip McAleer, whose administratrix was substituted in this court. The petition was filed November 27, 1888, “to. recover from the United States compensation for the use by the United States of certain inventions made by the petitioner and protected by letters patent of the United States issued to him, such use being under licenses to the United States 'executed by petitioner.” The several inventions and improvements for which letters patent…

1Opinion of the CourtChief Justice Fuller

• The Court of Claims held that this case fell within the rulings, made by that court in Solomons v. United States, 22 C. Cl. 335, 342, and Davis v. United States, 23 C. Cl. 329. In the first, of these cases, Clark, Solomons’ assignor, chief of the Bureau, of Engraving and Printing, was assigned the duty of devising a stamp, and did so. There was no agreement or understanding between the officers of the government and Clark concerning the right of the government to use the invention, or the remuneration, if any, which should be paid for it, and no express license to use the invention was…

2Cases cited3 opinions

  1. Seitz v. Brewers' Refrigerating MacHine Co.Supreme Court of the United States · 1891
  2. Solomons v. United StatesSupreme Court of the United States · 1890
  3. McCLURG v. KINGSLANDSupreme Court of the United States · 1843

3Cited by32 opinions

  1. United States v. Dubilier Condenser CorpSupreme Court of the United States · 1933
  2. Standard Parts Co. v. PeckSupreme Court of the United States · 1924
  3. Gill v. United StatesSupreme Court of the United States · 1896
  4. Wireless Specialty Apparatus Co. v. Mica Condenser Co.Massachusetts Supreme Judicial Court · 1921
  5. Pressed Steel Car Co. v. HansenCourt of Appeals for the Third Circuit · 1905

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