Legal Opinion

Hildreth v. Auerbach

District Court, S.D. New York

Decided December 3, 1912PublishedCited by 4 opinions

In Equity. Suit by Herbert E. Hildreth against A. Leopold Auer-bach and Joseph S. Auerbach. On demurrer to bill.

1Opinion of the Court

NOYES, Circuit Judge.

The substantial question raised by the demurrer is whether it appears from the bill that the complainant had the entire legal title to the Thibodeau patent in suit when the bill was filed. It is averred that all persons who had any interest in the invention assigned their interests either directly or indirectly to the complainant before the patent was issued and it is conceded that he has, upon the pleadings, full equitable title. Consequently if there be any outstanding legal title, all that would be necessary to vest it would be for some person to convey the form of…

2Cases cited3 opinions

  1. Gayler v. WilderSupreme Court of the United States · 1851
  2. Wende v. HorineU.S. Circuit Court for the Northern District of Illnois · 1911
  3. Harrison v. MortonCourt of Appeals of Maryland · 1896

3Cited by4 opinions

  1. By-Products Recovery Co. v. MabeeDistrict Court, N.D. Ohio · 1923
  2. Individual Drinking Cup Co. v. Osmun-Cook Co.District Court, D. New Jersey · 1915
  3. Indiana Manufacturing Co. v. SwiftIndiana Supreme Court · 1916
  4. Individual Drinking Cup Co. v. Public Service Cup Co.District Court, E.D. New York · 1915

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