Johnson Railroad Signal Co. v. Union Switch & Signal Co.
U.S. Circuit Court for the District of Western Pennsylvania
In Equity. Bill by the Johnson Railroad Signal Company against the Union Switch & Signal Company, for infringement of letters patent No. 241,246, issued to Frederick Cheeswright.
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In Equity. Bill by the Johnson Railroad Signal Company against the Union Switch & Signal Company, for infringement of letters patent No. 241,246, issued to Frederick Cheeswright. Oheeswright, by a power of attorney, the provisions of which are set out in the opinion, constituted one Yeomans Ms attorney in fact in the matter of the patent, and defendant claims under a conveyance by Yeomans, dated March 21, 1832. Plaintiff claims tille to the same patent under a power of attorney from Cheeswright to Henry Bezer, dated October 31, 188‘J, and an absolute assignment of the patent from the latter.…
1Opinion of the Court
ACHESON, Circuit Judge.
The new proofs fail to show that Cheeswright assented to or ratified the instrument of March 21, 1882, or that he acquiesced therein after knowledge. The burden of proof is here upon the defendant in the original hill, the Union Switch & Signal Company. As between Yeomans and Cheeswrigljt, it is oath against oath. There are, however, circumstances in the case which greatly discredit Yeomans. Then the correspondence, as a whole, sustains Cheeswright. We are altogether convinced that he was not fully informed as to the nature of the arrangement between Yeomans and the…
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- Lessee of Clarke v. CourtneySupreme Court of the United States · 1831
- Elwell v. ShawMassachusetts Supreme Judicial Court · 1819
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