BATE REFRIGERATING CO. v. HAMMOND

No. 862.

129 U.S. 151 (1889)

BATE REFRIGERATING COMPANY v. HAMMOND.

Supreme Court of United States.

Decided January 21, 1889.


Attorney(s) appearing for the Case

Mr. Clarence A. Seward, with whom was Mr. John Lowell and Mr. Richard N. Dyer on the brief, opened for appellant.

Mr. Noah Davis, by leave of court, filed a brief on behalf of the Edison Electric Light Company, in support of appellant.

Mr. Benjamin F. Thurston and Mr. George H. Lothrop for appellee.

Mr. Edmund Wetmore, Mr. Samuel A. Duncan and Mr. Leonard E. Curtis, on behalf of the United States Electric Lighting Company; Mr. William Bakewell and Mr. Thomas B. Kerr, on behalf of the Westinghouse Electric Company; Mr. Amos Broadnax, on behalf of the Consolidated Electric Light Company; Mr. Chauncey Smith, Mr. Thomas L. Livermore and Mr. Frederick P. Fish, on behalf of the Thomson-Houston Electric Company; and Mr. R.S. Taylor, on behalf of the Fort Wayne Electric Light Company filed a brief by leave of court in support of the contention of the appellees.

Mr. John R. Bennett, on behalf of Gillett and Eastman, by leave of court, filed an argument in support of the position taken by the appellees.

Mr. Chauncey Smith also, by leave of court and by consent of appellees, argued on behalf of appellees.

Mr. William M. Evarts closed on behalf of appellant.


MR. JUSTICE BLATCHFORD, after stating the case as above reported, delivered the opinion of the court.

The questions discussed at the bar arise under § 4887 of the Revised Statutes, which is as follows: "No person shall be debarred from receiving a patent for his invention or discovery, nor shall any patent be declared invalid, by reason of its having been first patented or caused to be patented in a foreign country,...

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