Gilmore v. Aiken
Massachusetts Supreme Judicial Court
Contract upon two promissory notes, dated April 22, 1871, made by the defendants to the plaintiff, one for §5000 payable in twelve months, and the other for $10,000 payable in eighteen months.
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Contract upon two promissory notes, dated April 22, 1871, made by the defendants to the plaintiff, one for §5000 payable in twelve months, and the other for $10,000 payable in eighteen months. The defendants in their answer alleged, and at the trial before Endicott, J., offered evidence tending to prove, that the consideration of these notes was the sale and assignment by the plaintiff to the defendants of his interest in three patents, described in the instrument oí assignment, which, they produced at the trial, and which is printed in the margin,* and that the reissue of the third patent…
1Opinion of the CourtGray, C. J.
The extent of the interest undertaken to be con veyed by the plaintiff to the defendants, and of the obligation or estoppel created by such conveyance, depends upon the terms of the written instrument of assignment executed by him to them.
By that instrument, he sells, assigns and transfers to them only the right, title and interest which he has in three patents, one issued to himself and Anderson, a second issued to himself, and a third issued to himself and reissued to Anderson. The further clause, in the nature of a habendum, “ to have and to hold the same ” “ for the full term for which…
2Cited by1 opinion
- Leese v. Bernard Gloekler Co.Supreme Court of Pennsylvania · 1926