(Download) "Wise v. Allis" by United States Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: Wise v. Allis
- Author : United States Supreme Court
- Release Date : January 01, 1869
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 48 KB
Description
Mr. Walker, for the defendant, contended, That the notice did not specify place: that Utica, Rochester, Buffalo, Albany, New York City, or Brooklyn, were indeed each a place. So was England, India, France, Spain, or Wisconsin, each a place. To refer the plaintiff to New York City, with her population of 1,300,000, and her mills, numbering 916, as the place where prior use was made of his invention, was mockery. Reference to the whole State of Wisconsin, Iowa, Minnesota, or Kansas, would have been to a less number of people or mills; and to a place where search could have been made with far less of danger. Under this notice, after plaintiff had travelled from Wisconsin to New York City; had gone the rounds of nine hundred and fifteen of her mills, and returned after incurring onerous expenses, and finding nothing like his invention, and all this within thirty days; he might still be defeated on the trial, by having the fact sprung upon him in evidence, that it was the very nine hundred and sixteenth mill in which his cherished invention had been used. Then why not have told him so at first, in the notice? He could then have gone to that mill at once. If he had found the notice true, he could have abandoned an unjust suit. If false, could have prepared to repel a pirate's unjust defence. Yet, New York was but one of six large cities named in the notice to be searched by the plaintiff within thirty days, and a thousand miles away. Mr. M. H. Carpenter, contra.