SAFETY CAR HEATING & LIGHTING CO. v. U. S. LIGHT & HEATING CO.


2 F.2d 384 (1924)

SAFETY CAR HEATING & LIGHTING CO. v. UNITED STATES LIGHT & HEATING CO. et al.

District Court, W. D. New York.

August 21, 1924.


Attorney(s) appearing for the Case

Randolph Parmly, of Jersey City, N. J. (George Clinton, of Buffalo, N. Y., Van Vechten Veeder, of New York City, Frank A. Abbott, of Buffalo, N. Y., and Henry T. Stetson, of New York City, of counsel), for plaintiff.

Kenefick, Cooke, Mitchell & Bass, of Buffalo, N. Y. (Daniel J. Kenefick and Charles P. Franchot, both of Buffalo, N. Y., of counsel), for defendant United States Light & Heat Corporation.

Stetson, Jennings, Russell & Davis, of New York City, and Dudley, Stowe & Sawyer, of Buffalo, N. Y. (Ansley W. Sawyer, of Buffalo, N. Y., and Thomas Garrett, Jr., of New York City, of counsel), for defendant Guaranty Trust Co. of New York.

Tracy, Chapman & Welles, of Toledo, Ohio (Thomas H. Tracy and Frank M. Cobourn, both of Toledo, Ohio, of counsel), for interveners.


HAZEL, District Judge (after stating the facts as above).

The paramount contention of the new corporation, and emphasized by the other respondents, was that its obligation was contractual to pay a contingent claim without any right of equitable lien, and, further, that plaintiff erroneously joins an action to establish express liability, a remedy at law, with a pending action for infringement of patent.

It is unnecessary to recite the details of the scheme...

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