Legal Opinion

Butler v. United States

United States Court of Claims

Decided June 4, 1888No. 14889PublishedCited by 6 opinions

The Reporters’ statement of the case: The following are the facts as found by the court: I. The letters patent /for improvement in hook attachments No. 137786, referred to in first paragraph of petition, were issued by the United States on the 15th day of April, 1873, to Ira Merrill, and were re-issued on the 18th of August, 1874, numbered 6021. II.

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The Reporters’ statement of the case: The following are the facts as found by the court: I. The letters patent /for improvement in hook attachments No. 137786, referred to in first paragraph of petition, were issued by the United States on the 15th day of April, 1873, to Ira Merrill, and were re-issued on the 18th of August, 1874, numbered 6021. II. The letters patent for improvement in hook attachments No. 149141, referred to in the second paragraph of the petition, were issued by the United State# cm the 31st day of March, 1874, to Henry Metcalfe. III. The title to said letters jiatent…

1Opinion of the CourtNott, J.

The petition in this case contains four avermentsj which, taken together, present the claimant’s cause of action.

1. That on March 17, 1874, the Government adopted a patented device, being a hook attachment for stacking fire-arms, *338since which time 309,000 have been manufactured for use, and a large number used “ with the consent of the patentees and their assignees.”

2. That on “the 23 June, 1877, all right, title, and interest in and to the letters patent, and the invention covered thereby, were assigned to and vested in the complainant.”

3. “ That said patentees and assignees offered the use…

2Cited by6 opinions

  1. Irving Air Chute Co. v. United StatesUnited States Court of Claims · 1950
  2. Berdan Fire-Arms Manufacturing Co. v. United StatesUnited States Court of Claims · 1890
  3. Lanman v. United StatesUnited States Court of Claims · 1892
  4. Hartman v. United StatesUnited States Court of Claims · 1900
  5. Centeal Pacific Raileoad Co. v. United StatesUnited States Court of Claims · 1889

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