Munger v. Perlman Rim Corp.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Suit in Equity by Xyouís De F. Hunger against the Perlman Rim Corporation. Decree for complainant, and defendant appeals. Suit is upon patent 638,588, for which application was filed April 25, 1899, patent issued December 5, 1899, to National Wheel & Traction Company as assignee of the inventor, who is the plaintiff herein.
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Appeal from the District Court of the United States for the Southern District of New York. Suit in Equity by Xyouís De F. Hunger against the Perlman Rim Corporation. Decree for complainant, and defendant appeals. Suit is upon patent 638,588, for which application was filed April 25, 1899, patent issued December 5, 1899, to National Wheel & Traction Company as assignee of the inventor, who is the plaintiff herein. The disclosure of the specification is for an improvement in “cushion-tires” for vehicle wheels, the object being “to provide an improved means of attachment of the tire to the wheel…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). This appeal presents three questions: (1) lias the plaintiff title to the patent in suit? (2) Is claim 4 valid and infringed? (3) Have the damages been properly adjusted?
The question of title depends solely on whether the delivery of the written assignment of the patent in suit to the attorney for the promoters of Hunger Automobile Tire Company was absolute or in escrow. Plaintiff contended that it was merely deposited with the attorney in question until such time as his clients produced the money they had promised to provide for the new corporation. It is…
2Cases cited1 opinion
- Dowagiac Manufacturing Co. v. Minnesota Moline Plow Co.Supreme Court of the United States · 1915
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- Bergstrom v. Sears, Roebuck and Co.District Court, D. Minnesota · 1980
- Muther v. United Shoe MacHinery Co.District Court, D. Massachusetts · 1927
- Wallace & Tiernan Co. v. City of SyracuseCourt of Appeals for the Second Circuit · 1930
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