Kennedy v. Hazelton
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS. This was a bill in equity for specific performance, filed November 12,1887, by a citizen of New York against a citizen of Illinois, and contained the following allegations: On July 10, 1881, the defendant, in consideration of the sum of $10,000, paid by the plaintiff to him, made an assignment to the plaintiff of an interest of one half in two patents previously obtained by the…
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS. This was a bill in equity for specific performance, filed November 12,1887, by a citizen of New York against a citizen of Illinois, and contained the following allegations: On July 10, 1881, the defendant, in consideration of the sum of $10,000, paid by the plaintiff to him, made an assignment to the plaintiff of an interest of one half in two patents previously obtained by the defendant for steam boilers; and also made a written contract, acknowledged before a notary public and recorded in the Patent…
1Opinion of the CourtJustice Gray
The case, as stated in the bill and admitted by the demurrer, is shortly this: The defendant agreed in writing to assign to the plaintiff any - patents that he might obtain for improvements in steam boilers. He did invent such an improvement, and, with intent to evade his agreement and to defraud the plaintiff, procured a patent for this invention to be obtained upon the application under oath of a third person as the inventor, and to be issued to him as assignee of that person, and has made -profits by manufacturing and selling boilers embodying the improvement so patented. The plaintiff…
2Cases cited4 opinions
- Milkman v. OrdwayMassachusetts Supreme Judicial Court · 1870
- Morss v. ElmendorfNew York Court of Chancery · 1844
- Ambler v. WhippleSupreme Court of the United States · 1874
- Kempshall v. StoneNew York Court of Chancery · 1821
3Cited by94 opinions
- Beech Aircraft Corp. v. EDO Corp.Court of Appeals for the Federal Circuit · 1993
- Ajinomoto Co., Inc., Plaintiff-Cross v. Archer-Daniels-Midland Co.Court of Appeals for the Federal Circuit · 2000
- Steward v. American Lava Co.Supreme Court of the United States · 1909
- Friedman v. Washburn Co.Court of Appeals for the Seventh Circuit · 1944
- Saperstein v. Mechanics & Farmers Savings BankNew York Court of Appeals · 1920
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