Legal Opinion

Potter v. Holland

U.S. Circuit Court for the District of Connecticut

Decided September 15, 1858PublishedCited by 2 opinions

In equity. This was an application for a provisional injunction. The bill set forth, that, on the 12th of November, 1850, letters patent [No. 7,776] were granted to Allen B. Wilson, for an “improvement in sewing machines;” that, on the 2Gth of November, 1850, Wilson, by an assignment in writing, sold and assigned to Aaron P. Kline, three undivided fourth parts of the invention and patent, except the right to construct, use, and sell the invention in the state of New Jersey,…

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In equity. This was an application for a provisional injunction. The bill set forth, that, on the 12th of November, 1850, letters patent [No. 7,776] were granted to Allen B. Wilson, for an “improvement in sewing machines;” that, on the 2Gth of November, 1850, Wilson, by an assignment in writing, sold and assigned to Aaron P. Kline, three undivided fourth parts of the invention and patent, except the right to construct, use, and sell the invention in the state of New Jersey, and the right to use the invention for sewing leather in the state of Massachusetts; that, on the same day, Wilson, by…

1Opinion of the Court

INGERSOLL, District Judge.

It is stated in the bill, that Chapin, in his transfer to Kline, excepted from its operation the right which he had in the state of New Jersey. But the bill shows that he never had any right in the state of New Jersey. He only took a portion of the right, which had been ■transferred to Lee; and Lee never had transferred to him any right of any kind for that state. The bill therefore shows that when the surrender was made, and the reissued patent was obtained, no one had any interest of any kind in the old patent, except Wilson and Lee.

Exception is now taken to the…

2Cited by2 opinions

  1. McNamer Realty Co. v. Sunburst Oil & Gas Co.Montana Supreme Court · 1926
  2. Burdsall v. CurranUnited States Circuit Court · 1887

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