E. Regensberg & Sons v. American Exch. Cigar Co.

U.S. Circuit Court for the District of Southern New York

E. Regensberg & Sons v. American Exch. Cigar Co.

130 F. 549, 1904 U.S. App. LEXIS 4826

CourtU.S. Circuit Court for the District of Southern New York

DecidedMay 12, 1904

StatusPublished

Cited by2 cases

This text of 130 F. 549 (E. Regensberg & Sons v. American Exch. Cigar Co.) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Southern New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

E. Regensberg & Sons v. American Exch. Cigar Co., 130 F. 549, 1904 U.S. App. LEXIS 4826 (circtsdny 1904).

Pincite

Opinion

HOLT, District Judge.

If the points raised by this demurrer had never been passed upon before, I should consider it a serious question whether the patent was not void for lack of invention. Conley v. Marum (C. C.) 83 Fed. 309. But, as the precise questions have been decided on demurrer by Judge Wallace in suits brought by these complainants against other cigar companies, I think that his decision should be followed in this case.

Demurrer overruled, with leave to defendant to answer within 20 days on payment of costs.

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HOLT, District Judge.

If the points raised by this demurrer had never been passed upon before, I should consider it a serious question whether the patent was not void for lack of invention. Conley v. Marum (C. C.) 83 Fed. 309. But, as the precise questions have been decided on demurrer by Judge Wallace in suits brought by these complainants against other cigar companies, I think that his decision should be followed in this case.

Demurrer overruled, with leave to defendant to answer within 20 days on payment of costs.

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Bluebook (online)

130 F. 549, 1904 U.S. App. LEXIS 4826, Counsel Stack Legal Research, https://law.counselstack.com/opinion/e-regensberg-sons-v-american-exch-cigar-co-circtsdny-1904.

Opinion

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