Blackledge v. Weir & Craig Mfg. Co.
Court of Appeals for the Seventh Circuit
Tn Error to (be Circuit Court of the United States for the Northern Division of the Northern District of Illinois. The plaintiff in error, who is the guardian of Moses Crawford, insane, brought this action in right of his ward as tlie equal co-owner with the defendant, the Weir & Craig Manufacturing Company, of letters patent of the Uniied States No. 379,353, granted on January 31, 1888, to James A. Cunning and Prank P. Woolen, for a device used for scraping hogs.
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Tn Error to (be Circuit Court of the United States for the Northern Division of the Northern District of Illinois. The plaintiff in error, who is the guardian of Moses Crawford, insane, brought this action in right of his ward as tlie equal co-owner with the defendant, the Weir & Craig Manufacturing Company, of letters patent of the Uniied States No. 379,353, granted on January 31, 1888, to James A. Cunning and Prank P. Woolen, for a device used for scraping hogs. Gunning', on March 30, 1888, assigned his title and interest to the plaintiff for the use of his ward, and by mesne assignments…
1Opinion of the CourtWoods, Circuit Judge
Most of the cases cited contain nothing hut dicta on the subject, and in many instances dicta of more than the usual irrelevancy to the cases in which they were uttered.
In Clum v. Brewer, 2 Curt. 506, Fed. Cas. No. 2,909, Justice Curtis ruled that:
“One tenant in common has as good a right to use, and to license third persons to use, the thing patented, as the other tenant in common has. Neither can * * * assert a superior equity, unless it has been created by some contract modifying the rights which belong to them as tenants in common.”
Whatever be the bearing of the principle stated, this…
2Cases cited2 opinions
- Bloomer v. McQuewanSupreme Court of the United States · 1853
- Clum v. BrewerU.S. Circuit Court for the District of Massachusetts · 1855
3Cited by25 opinions
- Piantadosi v. Loew's Inc.Court of Appeals for the Ninth Circuit · 1943
- Silverman v. Sunrise Pictures Corp.Court of Appeals for the Second Circuit · 1921
- Milgram v. Jiffy Equipment Co.Supreme Court of Missouri · 1952
- Haserot v. KellerCalifornia Court of Appeal · 1924
- Bell & Howell Co. v. BlissCourt of Appeals for the Seventh Circuit · 1919
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