Oliver v. Rumford Chemical Works
Supreme Court of the United States
IN ERROR TO THE CIRCUIT COURT OF .THE UNITED STATES FOR THE WESTERN DISTRICT OF TENNESSEE. Action, on the case for infringement of patent. The facts were stated by the court in the following language: On the 9th of June, 1868, reissued letters patent Nó. 2,979 were granted to the Rumford Chemical Works, a corporation of Rhode Island, for an “ improvement in pulverulent acid for use in the preparation of soda powders, farinaceous food, and for other purposes.”
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IN ERROR TO THE CIRCUIT COURT OF .THE UNITED STATES FOR THE WESTERN DISTRICT OF TENNESSEE. Action, on the case for infringement of patent. The facts were stated by the court in the following language: On the 9th of June, 1868, reissued letters patent Nó. 2,979 were granted to the Rumford Chemical Works, a corporation of Rhode Island, for an “ improvement in pulverulent acid for use in the preparation of soda powders, farinaceous food, and for other purposes.” The original patent, No. 14,722, was granted to Eben Norton Horsford, April 22d, 1865,.for fourteen years, for an “improvement in…
1Opinion of the CourtJustice Blatchrord
After reciting the facts in the above language, he continued.
Various questions are presented'by the record and have been discussed in argument, but there is one which goes to the foundation of the suit, and upon which our views are such as to make it unnecessary to consider any other. The court charged the jury that the interest of Morgan in the patent did not terminate at his death, but passed to his administratrix. The defendants excepted to this charge. The evidence ivas that Morgan died on the 19th of April, 1869, and the defendants asked the court to instruct ,the jury that the privilege…
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