U.S. Circuit Court for the District of Eastern New York, 1880

New York Coffee Polishing Co. v. Wilson

New York Coffee Polishing Co. v. Wilson
U.S. Circuit Court for the District of Eastern New York · Decided June 11, 1880 · Benedict
2 F. 904; 1880 U.S. App. LEXIS 2514
New York Coffee Polishing Co. v. Wilson

Opinion of the Court

Benedict, D. J.

This is an action brought by the assignee of a patent for an improvement in cleaning and polishing coffee, which patent was issued to WilliamThompsonandSamuel Thompson, on January 31, 1871, numbered 111,403. Upon the trial the plaintiff abandoned the first claim of tha patent and relies only upon the second claim.

*905In regard to the second claim, the defendant did not at the •trial undertake to dispute his liability, or to deny the plaintiff’s right to a decree. Under such circumstances I discover no reason why, in this case, a decree should not go against the defendant for an infringement of the second claim of the patent.

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