42 F. 455 | U.S. Circuit Court for the District of Northern New York | 1890
The matters in issue upon this hearing arise upon the admissibility of testimony which has been offered upon the accounting, which has been objected to by the defendants, and which has been certified by the master for the opinion of the court. The history of the patents is detailed in 18 Fed. Rep. 638, and 24 Fed. Rep. 604. The
It now appears that, during the period of the infringement by the American Company, the Hamlins were the controlling, though not the only, stockholders in two other corporations in other states which own glucose factories, and that, before the date of the decree, the stockholdérs in all these Hamlin corporations and their Buffalo competitor and rival, the Fermenich Company, had formed a new' corporation, called-the “American Glucose Company,” which became the owner of substantially the entire property and plants of the old corporations, the Hamlins owning three-fourths, and the Fermenich stockholders owning one-fourth, of the stock of the new company. This was really a new company, and not a mere reappearance of the American Grape Sugar Company under another name, and w'as established in good faith, and not to evade the decree. Since its organization, it has bought three other glucose factories in which the Hamlins had no interest. The Hamlins are officers of the glucose company. The plaintiff has made inquiries in the accounting to ascertain whether the Peoria and the Glucose Companies have infringed, for the purpose of subsequently ascertaining the profits which the Hamlins made as stockholders of said infringing corporations, and claims the right to compel an accounting by the individual defendants of the profits which they may have received, as managing officers and stockholders of other corporations than the American Grape Sugar Company, by reason of the infringement by such corporations so under the direction of the Hamlins, of the patents in suit. These questions were objected to, and have been certified by the master.
The interlocutory decree intended that an accounting should be had of the profits which had accrued to the American Grape Sugar Company by reason pf its infringement, and of other and distinct profits which had accrued to the Hamlins, who were the managers and all the stockholders