Dolan v. Jennings Kibbe v. Same
| Decision Date | 30 March 1891 |
| Citation | 11 S.Ct. 584,35 L.Ed. 217,139 U.S. 385 |
| Parties | DOLAN v. JENNINGS. KIBBE et al. v. SAME |
| Court | U.S. Supreme Court |
John R. Bennett, the appellants.
Arthur v. Briesen, for appellee.
These are appeals from final decrees rendered in the circuit court of the United States for the southern district of New York, awarding to Abraham G. Jennings and Warren P. Jennings, complainants, damages against Thomas Dolan, of Philadelphia, and Kibbe, Chaffee, Shreve & Co., of New York, for the infringement of letters patent No. 218,082, for lace purling. A design patent No. 10,448, for a design for fringed lace fabric, was also proceeded on in the bills of complaint, but was held not to have been infringed by defendants. Final decrees were rendered in each suit in favor of Abraham G. Jennings and Warren P. Jennings against Dolan and Kibbe et al., respectively, on the 12th of February, 1887. On the 25th of March, 1887, a petition for appeal was filed in each case on behalf of the defendants, entitled 'Abraham G. Jennings, survivor of Abraham G. Jennings and Warren P. Jennings,' and against Dolan and Kibbe et al., and the appeals were allowed. The bond in No. 265 was approved March 10, 1887, and entitled 'A. G. Jennings, surviving complainant in A. G. Jennings and W. P. Jennings v. Thomas Dolan,' and recited that Dolan and his sureties were 'held and firmly bound unto the above-named complainants in the sum of thirty-five hundred dollars, to be paid to the said complainants.' The citation ran 'to Abraham G. Jennings, surviving complainant,' etc., and was served March 24, 1887. In No. 266 the bond was entitled 'A. G. Jennings and W. P. Jennings v. in A. G. Jennings and W. P. Jennings v. Henry R. Kibbe' and the other defendants, and recited that the persons signing were 'held and firmly bound unto the above-named A. G. Jennings and W. P. Jennings in the sum of twenty-seven hundred dollars, to be paid to the said A. G. Jennings & W. P. Jennings.' This bond was filed March 10, 1887. The citation ran to 'Abraham G. Jennings, surviving complainant,' etc., and was served March 24th. The bills commenced 'Abraham G. Jennings and Warren P. Jennings, doing business at the city of New York, county and state of New York, and citizens of the state of New York,' and set up that Abraham G. Jennings and Warren P. Jennings were 'the sole and exclusive owners' of the patents in question. It nowhere appeared from the pleadings, proofs, proceedings, or decrees that the complainants claimed to own or did own the patents as partners, though there was some evidence that there was a firm styled A. G. Jennings & Son, or A. G. Jennings & Sons, or Jennings & Co. Sundry licenses were put in evidence, describing Abraham G. Jennings and Warren P. Jennings as the owners of the patents, and the granting of the licenses...
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