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 CourtChief 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 issued to Fitzgerald. And the plaintiffs in error insist that this *493assignment did not convey to Wilder the legal right to the monopoly subsequently conferred by the patent, and that the plaintiff, who claims under him, cannot therefore maintain this action.
The…
2Cases cited1 opinion
- Herbert v. AdamsU.S. Circuit Court for the District of Massachusetts · 1825
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