The Federal Reporter with Key-Number Annotations, Volume 256: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, May-July, 1919. Page: 35
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AMERICAN ELECTRIC W. CO. V. L4LANCIE # GROBJEAN MFG. CO. .5
be carried on, but a plape where it does such business as makes-it fundn"
within the district for purposes of service. ' '
[Ed. Note.-Foi" other dflinitions, see Words and Phrases, First arid
Second Series, Place of Business ]
3. PATENTS X=288-INFINNGkMENT SUIT-JURISDICTION-DISTRICT OF IN-
A foreign corporation held not to have sold alleged infringing articles
in a state, because a clerk in the oftice of its solicitor there, who was with-
out authority, and so'stated, was induced to receive money in payment
for an order for gdods left with her, which Was forwarded for acceptance
by the company in accordance with its usual course of business.
In Equity. Suit by the American' Electric Welding Company and
others against the Lalarice & Grosjean Manufacturing Company. On
plaintiffs' motion for preliminary injunction filed June 15, 1917, and on
defendant's motions to quash service bf process and dismiss bill for
want of jurisdiction, filed June 26, 1917. Defendant's motions granted.
Van Courtlandt Lawrence, of Boston, Mass., for plaintiffs.
Choate, Hall & Stewart, and Charles F. Choate, Jr., all of Bos-
ton, Mass., for defendant.
DODGE, Circuit Judge. The defendant has appeared specially to
assert want of jurisdiction in thq court, and this objection is first to be
The bill charges the defendant with infringing the Harmatta patent,
No. 1,046,066, which the Court,of Appeals for this circuit has hereto-
fore held valid and infringed by. a Massachusetts citizen in a suit
brought by Thomson Electric Welding Company against Barney & Ber-
ry, Incorporated. See 227 Fed. 428, 142 C. C. A. 124; 236 Fed. 1022,
149 C. C. A. 671. In two other suits pending in this court against
Massachusetts citizens, injunctions have been issued since the above
decision, as set forth in paragraphs 7-9, of the bill.
 1. From the affidavits submitted; it appears without dispute
that before December, 1915, the defendant maintained a Boston branch,
where a stock of goods, all manufactured by it in New York, and pre-
sumably including goods .embodying the patented invention, were kept
for sale, but that it discontinued said branch in December, 1915, pur-
suant to a directors' vote on June 22, 1915, disposed of the stock of
goods, and thereafter did in Boston no business, except as below stat-
ed. The Court of Appeals decision referred to above was on October
Whatever business has been since done on the defendant's account
in Boston has been done in one room, No. 404, at 261 Franklin street,
in charge of George A. Bath, employed by it as salesman, who has so-
licited orders for its goods and has been there assisted only by a Miss
Edwards, employed as clerk and typewriter. A few samples brought
from the former place of business have byen kept there, but ,no stock
. Bath has had no authority from the defendant to accept any order
for goods made to him, or to make any sale, whether for cash or on
credit. All orders received by him have been forwarded.to 'the de-
aFor other cases see same topic & KEY-NUMBDR in all Key-Numbered Digests & Indexes
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The Federal Reporter with Key-Number Annotations, Volume 256: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, May-July, 1919., legislative document, 1919; Saint Paul, Minnesota. (digital.library.unt.edu/ark:/67531/metadc38827/m1/49/: accessed December 11, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.