Babcock v. Clarkson
Court of Appeals for the First Circuit
Appeal from the Circuit Court of (lie United States for the District of Massachusetts. This was a suit by Frank A. Babcock and others against Joseph T. Clarkson and others for infringement of a patent. The patent was No. 300,847, issued June 24, 1884, to defendant Clarkson, for an improvement in jump seats. Complainants claimed title under' assignments from Clarkson.
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Appeal from the Circuit Court of (lie United States for the District of Massachusetts. This was a suit by Frank A. Babcock and others against Joseph T. Clarkson and others for infringement of a patent. The patent was No. 300,847, issued June 24, 1884, to defendant Clarkson, for an improvement in jump seats. Complainants claimed title under' assignments from Clarkson. The circuit court dismissed the bill, and a decree for defendants was entered thereon. 58 Fed. 583. Complainants appealed.
1Opinion of the Court
PUTNAM, Circuit Judge.
Joseph T. Clarkson, one of the respondents below, ivas the original patentee, and the title of complainants is derived under assignment from him for a pecuniary consideration, valuable in law, though said to be small. Consequently. an estoppel operates against him. The precise nature of this estoppel does not seem to have been always clearly apprehended. It is, in effect, that, when one has parted with a thing for a valuable consideration, he shall not, so long as he retains the consideral ion, set up Ms own fraud, falsehood, error, or mistake to impair the value of what…
2Cases cited4 opinions
- Sturm v. BokerSupreme Court of the United States · 1893
- Brant v. Virginia Coal & Iron Co.Supreme Court of the United States · 1876
- Ball & Socket Fastener Co. v. Ball Glove Fastening Co.Court of Appeals for the First Circuit · 1893
- Brazee v. SchofieldSupreme Court of the United States · 1888
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- Scott Paper Co. v. Marcalus Manufacturing Co.Supreme Court of the United States · 1945
- Westinghouse Electric & Manufacturing Co. v. Formica Insulation Co.Supreme Court of the United States · 1924
- Diamond Scientific Co. v. Ambico, Inc. And Clarence Joseph WelterCourt of Appeals for the Federal Circuit · 1988
- Noonan v. Chester Park Athletic Club Co.Court of Appeals for the Sixth Circuit · 1900
- Siemens-Halske Electric Co. v. Duncan Electric Mfg. Co.Court of Appeals for the Seventh Circuit · 1905
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