Gayler v. Wilder
Supreme Court of the United States
" This was a writ of error to the, Circuit Court of the United States for the Southern District of New York. The defendant in error (who was plaintiff in the court below) brought an action against Gayler and Brown (the plaintiffs, in error), for an alleged infringement of a patent right for the.use of plaster of -Paris in the construction of fire-proof chests. . In the declaration, it was averred that one Daniel Fitzgerald Was the original and first inventor of a new and-…
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" This was a writ of error to the, Circuit Court of the United States for the Southern District of New York. The defendant in error (who was plaintiff in the court below) brought an action against Gayler and Brown (the plaintiffs, in error), for an alleged infringement of a patent right for the.use of plaster of -Paris in the construction of fire-proof chests. . In the declaration, it was averred that one Daniel Fitzgerald Was the original and first inventor of a new and- useful improvemeht in fire-proof chests or safes, and that letters patent were granted him therefor, bearing date the 1st…
1Opinion of the Court 1
51 U.S. 477 (____)
10 How. 477
CHARLES J. GAYLER AND LEONARD BROWN, PLAINTIFFS IN ERROR,
v.
BENJAMIN G. WILDER.
Supreme Court of United States.
The cause was argued by Mr. Cuyler, for the plaintiffs in error, and by Mr. Staples and Mr. Webster, for the defendant in error.
2Opinion of the Court · TaneyChief Justice Taney
Three objections have been taken to the instructions given by the Circuit Court at the trial, and neither of them is, perhaps, entirely free from difficulty.
The first question arises upon the assignment of Fitzgerald to Enos Wilder. The assignment was made and recorded in the Patent-Office before the patent issued. It afterwards…
Also in this document: Dissent.
3Cases cited2 opinions
- Gayler v. WilderSupreme Court of the United States · 1851
- Herbert v. AdamsU.S. Circuit Court for the District of Massachusetts · 1825