Hanks Dental Association v. International Tooth Crown Company

Messrs. The certificate in this case is as follows:

'This cause comes here upon a writ of error for the review of the judgment of the circuit court for the southern district of New York, entered upon the verdict of a jury in favor of the defendant in error, The International Tooth Crown Company, sustaining the validity of a patent, and awarding damages for infringement. Upon examination of the record it appears that the sole evidence of infringement was found in the deposition of the president of the Hanks Dental Association, the plaintiff in error, taken pursuant to an order of the circuit court under §§ 870 et seq. of the Code of Civil Procedure of the state of New York, the defendant in error contending the examination of a party before trial, if permitted by the law of the state, is authorized by act of Congress of March 9, 1892. 27 Stat. at L. 7, chap. 14 (U.S.C.omp. Stat. 1901, p. 664).

'The taking of the deposition was objected to at every stage, and when offered in evidence at the trial it was again duly objected to, and to its reception the plaintiff in error duly excepted.

'Whether this practice is warranted or not is the question upon which we desire the instructions of the Supreme Court.

'Question Certified.

'Upon the facts above set out the question of law concerning which the court desires the instruction of the Supreme Court is:

'Was the order of the circuit court directing the president of the Hanks Dental Association, the defendant in that court, to appear before a master or commissioner appointed pursuant to the provisions of §§ 870 et seq. of the Code of Civil Procedure of the state of New York, valid and authorized under the act of March 9, 1892?' Philip B. Adams, Charles K. Offield, and Charles C. Linthicum for the Hanks Dental Association.

Mr. Walter D. Edmonds for the International Tooth Crown Company.

Mr. Chief Justice Fuller delivered the opinion of the court: