Legal Opinion

Adams v. Edwards

U.S. Circuit Court for the District of Massachusetts

Decided November 15, 1848PublishedCited by 6 opinions

In equity. This was an action on the case, [Adams & Hammond against Edwards & Holman,] tried before Mr. Justice Woodbury and a jury, for the infringement of letters patent [No. 3,117,] granted to Daniel Fitzgerald, June 1, 1843, and conveyed by mesne assignments, to plaintiffs. The nature of the invention consisted in interposing plaster of Paris between the inner and outer chests of fire-proof iron safes, after the manner described in the specification.

1Opinion of the Court

WOODBURY, Circuit Justice,

charged the jury as follows:

The plaintiffs sue on a patent, which was taken out June 1, 1S43, by Daniel Fitzgerald, and assigned to the plaintiffs in that year. Discriminate that, if you please, from every other patent (as many have, on the trial, been mentioned), in order to understand the case thoroughly — a patent issued in 1843, and assigned to plaintiffs, by Benj. G. Wilder, who obtaiued it from Enos Wilder, who obtained it from Fitzgerald. Now, that patent being so obtained, and assigned to the plaintiffs, no person lias a right to use what is described in it,…

2Cited by6 opinions

  1. Sovereign Camp, W. O. W. v. AdamsSupreme Court of Alabama · 1920
  2. Valvona-Marchiony Co. v. MarchionyDistrict Court, D. New Jersey · 1913
  3. Zinsser v. KremerU.S. Circuit Court for the District of New Jersey · 1889
  4. Valvona-Marchiony Co. v. PerellaDistrict Court, W.D. Pennsylvania · 1913
  5. Georgia-Pacific Corp. v. Clark CountyCourt of Appeals of Washington · 1976

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