International Postal Supply Company of New York v. Bruce

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: