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McCLAIN v. ORTMAYER

No. 44.

141 U.S. 419 (1891)

12 S.Ct. 76

35 L.Ed. 800

McCLAIN, v. ORTMAYER.

Supreme Court of United States.

Decided November 2, 1891.

Attorney(s) appearing for the Case

Mr. James Moore and Mr. Edmund Wetmore for appellant.

Mr. Thomas A. Banning (with whom was Mr. Ephraim Banning on the brief) for appellees.

MR. JUSTICE BROWN, after stating the case, delivered the opinion of the court.

(1) The defence to the first patent was rested principally upon the question of the infringement. Defendants in their answer admitted that they had, as a corporation and individually, manufactured and sold sweat pads for horse-collars under letters patent issued to defendant Ortmayer; "that is to say, sweat pads adapted to be fastened or secured...

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