Loose v. Bellows Falls Pulp Plaster Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the District of Vermont. Suit by Maximus E. Uoose and Thomas E. Baird against the Bellows Ealls Pulp Plaster Company and G. Erank Hendee. Decree for complainants, and defendants appeal. Suit began against the corporate defendant, and three individuals, of whom one was never served, and one died before decree.
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Appeal from the District Court of the United States for the District of Vermont. Suit by Maximus E. Uoose and Thomas E. Baird against the Bellows Ealls Pulp Plaster Company and G. Erank Hendee. Decree for complainants, and defendants appeal. Suit began against the corporate defendant, and three individuals, of whom one was never served, and one died before decree. The action was not revived against the decedent’s estate, and decree passed oidy against the corporation and Hendee. The latter was jointly interested with the other individual defendants in the business producing' this litigation;…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). By the conveyance to Hendee et al. plaintiffs doubtless intended to give them an “exclusive right” in the Coale patent to a “specified part of the United States.” R. S. § 4898 (Comp. St. § 9444). The intent was to make them grantees and not assignees or licensees. Robinson, Pat. § 763; Pope, etc., Co. v. Gormully, etc., Co., 144 U. S. 248, 12 Sup. Ct 641, 36 L. Ed. 423.
It may be assumed, but need not be decided, that the grant was not reduced to a license by the reservations of a royalty or otherwise. Cf. Sechler, etc., v. Deere, etc., Co., 113 Fed. 285, 51…
2Cases cited9 opinions
- United States v. Bitter Root Development Co.Supreme Court of the United States · 1906
- Pope Manufacturing Co. v. Gormully & Jeffery Manufacturing Co.Supreme Court of the United States · 1892
- Eclipse Bicycle Co. v. FarrowSupreme Court of the United States · 1905
- Goodyear Shoe Machinery Co. v. DancelCourt of Appeals for the Second Circuit · 1902
- Keyes v. Eureka Consolidated Mining Co.Supreme Court of the United States · 1895
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- Gillis v. Jenkins Petroleum Process Co.Court of Appeals for the Ninth Circuit · 1936
- Jenkins Petroleum Process Co. v. Sinclair Refining Co.Court of Appeals for the First Circuit · 1933
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