Page:Federal Reporter, 1st Series, Volume 10.djvu/486

 474 FEDERAL REPORTER, �right, title, and interest of the company in and to the patent. The attestation clause and signature were as follows : �"In testimony whereof, and in pnrsuance of a resolution passed by said company on the nintli day of December, 1875, a copy of which is appended hereto, the said Charles F. Smith hath hereto set his hand, as the act of the said company, this eleventh day of December, 1875. �[Signed] " Charles F. Smith, �" President Barrel-Pitching Machine Company." �Then, on the same eleventh day of December, 1875, Smith, for the alleged consideration of $500, granted and assigned to Holbeck & Gottfried all his right and title to the patent, and afterwards, on the seventh day of June, 1876, Comegys transferred to Stromberg all hia interest in the patent. �It next appears that on the ninth day of October, 1876, Gottfried, Holbeck, and Stromberg, who are named as jointly interested in the patent, by a certain instrument in writing, appointed one Latrobe, of Baltimore, their attorney, with authority to prosecute suits against infringers of the patent, and to compromise or adjust the • same This instrument contained the following clause : �"And it is understood that all expanses, costs, and charges, including coiiu- sel fees, atteiiding the litigation, if any, shall be deducted from the collections aforesaid, and the balance paid over to the parties hereto in the proportion of their interest in the said patents ; and particularly it is understood that the said John H. Stromberg shall be paid out of said collections, as fast as made, all moneys that he may have advauced in the proseoution of claiins under said letters patent." �This instrument bears the signatures and seals of Holbeck, Gott- fried, and Stromberg. On the twenty-fifth day of June, 1878, Gott- fried & Holbeck executed a further instrument in writing, by which they, on their part, revoked and countermanded the above-recited power of attorney given to Latrobe, "and all acts and things which shall or may be done by virtue thereof in any manner whatsoever." �It next appears that on the twenty-fourth day of February, 187!>, the Barrel-Pitching Machine Company executed to Smith, Comegys, and Holbeck a new assignment of all the right, title, and interest of the company in and to the patent. The execution of the prior assignment by the company is mentioned in this one, and it is stated that the first instrument failed to meet the purposes and carry out the objects of the resolutions of the direetors of the company, and it would seem that it was for that reason that this new assignment of February 24, 1879, which was duly executed by the Barrel-Pitch- ��� �