W. S. Tyler Co. v. Ludlow-Saylor Wire Co., 236 U.S. 723 (1915)

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W. S. Tyler Company v. Ludlow-Saylor Wire Company

Nos. 441

, 622

Argued December 15, 1914;
Petition for writ of certiorari submitted December 15, 1914
Decided March 22, 1915
236 U.S. 723

APPEAL FROM AND PETITION FOF CERTIORARI TO THE DISTRICT COURT

OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK

Syllabus

Paying an agent who is also employed by another corporation to solicit orders to be executed at its home office and sharing expenses with another corporation of an office in the district in which a suit for infringement of patent is brought held in this case not to amount to having a regular and established place of business which would subject a foreign corporation to the jurisdiction of the federal court under the Act of March 31, 1897, c. 395, 29 Stat. 695.

Where an agent solicits an order in one state and forwards it to his principal at its home office in another state and the goods are shipped direct by the principal, the sale is consummated in the latter state, and does not constitute an infringement of patent in the former state.

Where appeal is properly prosecuted and certiorari is also asked from the same judgment of the circuit court of appeals, the latter will be denied.

The facts are stated in the opinion.