Western Telephone Mfg. Co. v. American Electric Telephone Co.

Citations

• 137 F. 603
• 1905 U.S. App. LEXIS 5006

Syllabus

<p>Patents—Supplemental Bill foe Infringement—Successor of Defendant.</p> <p>Complainant obtained a decree against an Illinois corporation for an injunction and accounting for infringement of a patent, and thereafter filed a petition, in the nature of a supplemental bill, against a New Jersey corporation having the same name as the original defendant, alleging that, pending the suit, the latter had transferred to it all of its property and good will, receiving payment partly in cash, but principally in the stock and bonds of the purchasing company. It also alleged that the latter company, after the transfer, conducted the defense in the suit, and prayed that it be brought under the injunction, and also be adjudged to pay whatever damages should be recovered on account of its own and its predecessor’s infringement Helé that, while the petition stated ground for the injunctional relief, it showed no right to the other relief prayed for, and was, moreover, multifarious, being in its latter aspect essentially a creditors’ bill.</p>