Jewett v. Atwood Suspender Co.

• Decision Date: 14 March 1900
• Citation: 100 F. 647
• Court: U.S. District Court — District of Vermont
• Parties: JEWETT v. ATWOOD SUSPENDER CO.

100 F. 647

JEWETT v. ATWOOD SUSPENDER CO.

United States Circuit Court, D. Vermont.

March 14, 1900

Joel C Baker, for plaintiff.

Kittredge Haskins, for defendant.

WHEELER District Judge.

This suit is brought upon letters patent of the United States No 286,264, dated October 9, 1883, and granted to William R Clough for an improvement in wire buckles. The declaration alleges an assignment in writing by Clough to Beeman Bros of Swanton, Vt., of the entire right and interest in the unexpired term of the patent on April 26th, recorded in the patent office May 12, 1890; and--

'That prior to the 5th day of May, A.D. 1894, said Beeman Bros., under the said name and style of Beeman Bros. Manufacturing Co., was adjudged to be insolvent debtors by the honorable court of insolvency for the district of Franklin, in the state of Vermont, on petition duly brought to said court for that purpose; and that Henry M. Stone, of Swanton, aforesaid, was duly appointed assignee of the estates of said insolvent debtors by said court; and that the judge of said court, by an instrument under his hand and the seal of said court, did assign and convey to the said Henry M. Stone, as assignee as aforesaid, the estate, real and personal, of said insolvent debtors, except such as was by law exempt from attachment, with their deeds, books, and papers relating thereto; and that the right and title of said Beeman Bros. in said invention and unexpired term of said letters patent were duly assigned by said conveyance to said Henry M. Stone, as assignee, as aforesaid. And the plaintiff says that on the 5th day of May, A.D. 1894, and before the committing of the grievances hereinafter mentioned, said Henry M. Stone, as assignee as aforesaid, by a certain instrument in writing, duly executed and delivered by him, and bearing date on said last-mentioned day, did grant to the plaintiff the entire right, title, and interest in and to their unexpired portion of the term of said letters patent throughout the United States, and said instrument in writing was recorded in the patent office on the 9th day of June, A.D. 1894.'

The defendant has demurred, and relies upon the insufficiency of this assignment from the assignee to convey title. No other title is alleged. Of course, the plaintiff cannot maintain the action without having title at the time of infringement and the right to maintain the action depends upon the sufficiency of this...