Reports of Cases Argued and Determined in the Circuit Court of the United States for the Second Circuit (Volume 22) (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1885 Excerpt: ... The Steam Stone Cutter Company v. Sheldon. Let there be a decree that these claims are invalid, and that the bill be dismissed, with costs. Edwin H. Brown, for the plaintiff. Edward N. Dickerson, Jr., for the defendants. The Steam Stone Ccttee Company Charles Sheldon And Others. In Equity. W. made and sold for use, to S., 5 machines which infringed a patent of C. C. had a decree in equity against W. for the profits of such sales, which was satisfied, in part by money, and, as to the rest, by levy on real estaw. S. derived profits from the use of the machines. In a suit in equity by C. against S. to recover such profits, there was an interlocutory decree for the plaintiff, which directed an account of the profits before a master. Oft his report of the above facta: Held, (1.) S. was not liable to C. for the profits of the use; (2.) The bill must be dismissed. (Before Wheeler, J., Vermont, October 7th, 1884.) Wheeler, J. The master's report shows that the Windsor Manufacturing Company made and sold for use, to the defendants, five channelling machines, for cutting out marble from quarries, which were infringements upon the orator's patents; that the orator has had a decree against the Windsor Manufacturing Company, for the profits of these sales; that the decree has been satisfied, in part, by the payment of money, and, as to the residue, by levy on real estate, the title acquired by which is in litigation, but has so far been decided in favor of the orator; and that the defendants have derived profits from The Steam Stone Cutter Company v. Sheldon. tlie use of the machines, to the amount of $5,320.03, for.wliich they should account to the orator, if liable to account at all for such profits. Various questions bearing upon the correctness of this amount are ra...