Ashcroft v. Walworth
U.S. Circuit Court for the District of Massachusetts
In equity. Bill in equity for an injunction to restrain alleged infringement of letters-patent for an improvement in pipe-tongs, granted to James R. Brown Nov. 30, 1858, [No. 22,157,] and for an account of profits. The defendants claimed the right to make and sell the patented article under several assignments.
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In equity. Bill in equity for an injunction to restrain alleged infringement of letters-patent for an improvement in pipe-tongs, granted to James R. Brown Nov. 30, 1858, [No. 22,157,] and for an account of profits. The defendants claimed the right to make and sell the patented article under several assignments. Among these was an assignment of the property of the patentee, then an insolvent debtor, duly made to one Kings-bury, his assignee in insolvency, by a judge of probate and insolvency, according to the insolvency law of Massachusetts; and a subsequent assignment by Kingsbury of all his…
1Opinion of the Court
SHEPLEY, Circuit Judge.
-The patent in this case was granted to James R. Brown Nov. 30, 1858. Previously to this time, Nov. 6, 1858, Brown had conveyed to one William Freedly one-half of his interest in the invention, and any patent which might be granted therefor. On the 31st of March, 1859, Freedly conveyed his interest to Silas B. Gold-thwait. The title stood one-half in James R. Brown and one-half apparently in Gold-thwait on the sixteenth day of June, 1860, at which time James R. Brown went into insolvency under the law of Massachusetts. It is claimed by the defendants, that, by virtue of…
2Cited by7 opinions
- Campbell v. HaverhillSupreme Court of the United States · 1895
- Ruff v. RuffNorth Dakota Supreme Court · 1952
- Ager v. MurraySupreme Court of the United States · 1882
- Fleck v. FleckNorth Dakota Supreme Court · 1953
- Barton v. WhiteMassachusetts Supreme Judicial Court · 1887
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