Niles v. Graham
Massachusetts Supreme Judicial Court
Bill in equity, filed January 19, 1901, to compel the defendant to execute anew and deliver to the plaintiff an assignment dated June 5, 1900, by the defendant to the plaintiff of certain letters patent issued by the United States to the defendant for an improvement in brake mechanism for railway cars.
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Bill in equity, filed January 19, 1901, to compel the defendant to execute anew and deliver to the plaintiff an assignment dated June 5, 1900, by the defendant to the plaintiff of certain letters patent issued by the United States to the defendant for an improvement in brake mechanism for railway cars. The case was heard by Loring, J., who, being of opinion that the question of the plaintiff’s remedy ought to be determined by the full court before further proceedings were had, ordered a stay of proceedings, and reported the case for the consideration of the full court. The report contained…
1Opinion of the CourtLoring, J.
We are of opinion that the plaintiff is entitled to a re-execution of the assignment of the letters patent.
By the true construction of the contract the defendant gave to the plaintiff an equal interest in the patent in question and in any future improvements made by him on the invention covered by it’; and in payment for that half interest the plaintiff agreed “ to furnish capital as needed.” At that stage of the adventure it was not possible to go into details, and the parties agreed that the patent should be assigned to the plaintiff “ to be held by him in trust ” and “ to be assigned ” by…
2Cases cited9 opinions
- Simmons Creek Coal Co. v. DoranSupreme Court of the United States · 1892
- Kent v. . Church of St. MichaelNew York Court of Appeals · 1892
- Weeks v. CurrierMassachusetts Supreme Judicial Court · 1898
- McCue v. WhitwellMassachusetts Supreme Judicial Court · 1892
- Billings v. MannMassachusetts Supreme Judicial Court · 1892
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3Cited by5 opinions
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