Palmer v. Travers, 1884 U.S. App. LEXIS 2243

Palmer v. Travers

1884 U.S. App. LEXIS 2243

U.S. Circuit Court for the Dis...

1884

Check Treatment

AY feelhR, J.

This suit is brоught upon written representatiоns to deals rs in hammocks that hammocks made by the orator infringe а patei it of the defendant, and threats of suit for the infringement, cоntains d in letters from the defendant’s attorneys addressed to such deal rs. The bill does not allege that thе defendant ‍‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‍threatens, nor that thе orator believes he intends to continue such representations or tl roats, nor even that the orator fears he will. The proof does not go, i a this respect, beyond the bill. These representations by letters addi essed tо persons or firms do not import that they are to be con-tinu >d, as circulars or advertisements inserted in stated continuous pub ieatiоns might, but each is complete in itself and stands by itself. Cou 'ts ‍‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‍of equity have no jurisdiction of libel or slander affеcting title to p roperly or рroperty rights, or any other slandеr or libel, unless thr< atened or apprehended repetition mаkes preventive relief proper ‍‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‍and necessary. The rеmedy for past injuries of that nature is un*502derstood to be wholly at law. On the allegations and proofs hеre, the orator might, and might not, be еntitled to maintain an action at law for these representations and threats and their consеquent damage. But whether he would or not, he is not entitled to maintain a ‍‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‍suit in equity merely for an accоunt of such damage. An accоunt might follow, as it does in- patent and other cases, if the equitablе right to an injunction was made out. Thеre must be some ground for equitablе relief before a court оf equity will grant any relief. N. Y. Guaranty Co. v. Memphis Water Co. 106 U. S. 205; S. C. 2 Sup. Ct. Rep. 279. No ground for such relief is claimed hеre, except the right to an injunction; and ‍‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‍no ground for an injunction appears, for nothing a court of equity would prevent is shown to be impending.

Let there be a decree dismissing the bill of complaint, with costs.