International Postal Supply Company of New York v. Bruce

by Oliver Wendell Holmes, Jr.

United States Supreme Court

194 U.S. 601

International Postal Supply Company of New York  v.  Bruce

 Argued: April 13, 14, 1904. --- Decided: May 31, 1904

This case came before the court on the following certificate for instructions:

'The complainant, as the owner of letters patent of the United States for new and useful improvements in stamp canceling and postmarking machines, brought a bill in equity against the defendant, who is postmaster of the United States postoffice at Syracuse, New York, complaining of the use in said postoffice of two machines which infringe the complainant's letters patent, and praying for an injunction against the further use of said machines. The defendant never personally used any stamp canceling and postmarking machines, but the use of said two machines in said postoffice at Syracuse is by some of defendant's subordinates, who are employees of the United States government, such use being in the service of the United States.

'The machines so used were hired by the United States Postoffice Department for a term, which is, as yet, unexpired, from the manufacturer and owner of said machines, at an agreed rental, which is payable on the order of the Postoffice Department, by whose orders said machines were placed in the Syracuse postoffice, and were and are now used there.

'And the said United States circuit court of appeals for the second circuit further certifies that, to the end that it may properly decide the questions in such cause, and presented in the assignments of error therein filed, it requires the instructions of the Supreme Court of the United States on the following question, to wit:

'Upon the foregoing facts, has the United States circuit court the power to grant an injunction against the defendant, restraining the use of the machines?' Messrs. Louis Marshall and George W. Hey for the

International Postal Supply Company.

[Argument of Counsel from pages 602-604 intentionally omitted]

Mr. William K. Richardson and Assistant Attorney General McReynolds for bruce.

Statement by Mr. Justice Holmes:Mr. Justice Holmes delivered the opinion of the court:

Notes