Woodworth v. Weed
U.S. Circuit Court for the District of Northern New York
The plaintiff [William W. Woodworth] filed his bill setting forth that as patentee under the Woodworth patent, as extended for seven years from December 27, 1842 (see the letters patent, etc., in Wilson v. Rousseau, 4 How. [45 U. S.] 058-668), he, on the 3d of July, 1843, entered into an agreement with the defendant [Joseph Weed] under seal, whereby he granted to him a license to construct and use one of the Woodworth planing machines in the town of Tieonderoga, Essex…
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The plaintiff [William W. Woodworth] filed his bill setting forth that as patentee under the Woodworth patent, as extended for seven years from December 27, 1842 (see the letters patent, etc., in Wilson v. Rousseau, 4 How. [45 U. S.] 058-668), he, on the 3d of July, 1843, entered into an agreement with the defendant [Joseph Weed] under seal, whereby he granted to him a license to construct and use one of the Woodworth planing machines in the town of Tieonderoga, Essex county, for which the defendant agreed to give his promissory notes, in all amounting to $400, two for $50 each and three for…
1Opinion of the Court
NELSON, Circuit Justice.
From the terms of the agreement the license was forfeited the moment one of the notes became due and ■was unpaid, and it was optional with the plaintiff to resort to his remedy at common law to enforce the collection of the notes, or to treat the rights of the defendant as forfeited under the stipulation in the agreement. The stipulation is to be considered as a double security given by the defendant to the plaintiff for the payment of the consideration money. An order must be entered granting an injunction, as prayed for in the bill, unless the defendant, within sixty…
2Cited by6 opinions
- Hamilton v. Park & McKay Co.Michigan Supreme Court · 1897
- Washburn & Moen Manuf'g Co. v. Cincinnati Barbed Wire Fence Co.U.S. Circuit Court for the District of Southern Ohio · 1890
- Bezer v. Hall Signal Co.Appellate Division of the Supreme Court of the State of New York · 1897
- McKay v. SmithU.S. Circuit Court for the District of Massachusetts · 1886
- Hat Sweat Manuf'g Co. v. PorterUnited States Circuit Court · 1888
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