Edison Phonograph Co. v. Switky

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

Edison Phonograph Co. v. Switky

128 F. 1023, 1904 U.S. App. LEXIS 4734

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

DecidedFebruary 18, 1904

StatusPublished

This text of 128 F. 1023 (Edison Phonograph Co. v. Switky) 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

Edison Phonograph Co. v. Switky, 128 F. 1023, 1904 U.S. App. LEXIS 4734 (circtsdny 1904).

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Opinion

LACOMBE, Circuit Judge.

Complainant may take injunction as to machines. As to the records, defendant asserts under oath that all that he has offered for sale were bought secondhand from persons who had paid the full re;ail price for them. If this be so, the questions raised should be left for final hearing. But, in view of the fact that defendant advertises new records for sale, his affidavit cannot be taken as conclusive, without giving his adversary opportunity of cross-examination. If complainant wishes to cross-examine on the averments of the affidavit, he may take an order, sending it to Robert 0. Beatty, Esq., as special master to conduct such examination and report his conclusions with the testimony, and upon the coming in of his report this motion may be renewed. If complainant prefer not to cross-examine, tlie motion as to the records will be denied. If defendant fail, after being duly notified, to appear for cross-examination, the motion for preliminary injunction will be granted.

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LACOMBE, Circuit Judge.

Complainant may take injunction as to machines. As to the records, defendant asserts under oath that all that he has offered for sale were bought secondhand from persons who had paid the full re;ail price for them. If this be so, the questions raised should be left for final hearing. But, in view of the fact that defendant advertises new records for sale, his affidavit cannot be taken as conclusive, without giving his adversary opportunity of cross-examination. If complainant wishes to cross-examine on the averments of the affidavit, he may take an order, sending it to Robert 0. Beatty, Esq., as special master to conduct such examination and report his conclusions with the testimony, and upon the coming in of his report this motion may be renewed. If complainant prefer not to cross-examine, tlie motion as to the records will be denied. If defendant fail, after being duly notified, to appear for cross-examination, the motion for preliminary injunction will be granted.

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Bluebook (online)

128 F. 1023, 1904 U.S. App. LEXIS 4734, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edison-phonograph-co-v-switky-circtsdny-1904.