Holden v. Bernstein Manufacturing Co.

Citations

• 232 Pa. 366
• 81 A. 428
• 1911 Pa. LEXIS 728

Syllabus

<p>Equity — Jurisdiction—Accounting—Patent royalties — Multiplicity of suits.</p> <p>1. Jurisdiction in equity is properly invoked by a plaintiff seeking for an accounting for royalties claimed under the terms of an article of agreement, upon sales of certain articles manufactured by the defendants, under the specifications of certain letters patent granted to plaintiff and afterwards assigned by him to the defendant, there being involved four different patents, each containing several claims.</p> <p>2. In such a case, equity, having taken jurisdiction of the accounting for royalties, will, in order to avoid multiplicity of suits, proceed with the settlement of other points in controversy between the parties, such as the amount of salary and the amount of commissions due one of the parties under the terms of a contract.</p> <p>3. Where a court of equity properly takes jurisdiction of one of the subjects of a contest, it will dispose of the whole matter in controversy between the parties and thus avoid a multiplicity of suits.</p>