Page:Federal Reporter, 1st Series, Volume 10.djvu/487

 aOTiFRIED V. MILLER. e75 �ing Machine Company, was made, Thereupon Smith and Comegys, respectively, executed new assignments to Holbeck, and on the fif- teenth day of December, 1879, Stromberg, in consideration of ihe sum of $5,000, assigned to Gottfried all bis right, title, and interest in and to the patent, and in and to all claims of every kind or nature for past infringements, and all rights of action arising ont of or con- nected with infringements. This instrument of assignment recited the faet that Stromberg had theretofore disposed of rights and lieenses under the patent as a part owner undor mesne assignments of the same, and had caused suits to be instituted against infringers, and that it was a part of the consideration of the assignment from him that he should be released from all claims which Gottfried or Holbeek or their assignees might or could have against him for or by reason of any collections theretofore made by him or his attomeys, or against any person or persons to whom he had granted lieenses to use the patented improvements, and it was then declared as follows : �"Now, therefore, the said Matthew Gottfried and the said John F. T. Hol- beck, the said Holbeek uniting herein for the purpose of carrying out the agreement aforesaid, for and in consideration of the premises, have released and by these presents do hereby release, the said John H. Stromberg from all claim that they, or either of them, might or could have against the said Stromberg for or by reason of any collection he may have made from parties to whom he or his attomeys * * * may have granted lieenses to use the said patented improvement, hereby ratifying and confirming all such lieenses and all the aots of the said Stromberij and his attorneys in the premises. And the said Matthew Gottfried doth hereby covenant and agree that he will save harmless the said Stromberg and his attorneys from all claims that may be made against them, or either of them, for or by reason of any interest which the said Gottfried & Holbeck, or either of them, may have given to any other party in the said letters patent." �It appears, also, that in September, 1873, Charles F. Smith brought a suit against Henry G. Oomegys, in the superior court of Baltimore city, upon an indebtedness from Comegys to him, in which an attachment was issued and a seizure made of the shares of capital stock held by Comegys in the Barrel-Pitching Machine Company, which proceedings resulted in a judgment condemning the stock, aecording to the laws of the state of Maryland, for the satisfaction of Smith's claim, and on the twenty-seventh day of October, 1873, judgment was entered accordingly. �This, I believe is the history of the transactions between these Tarious parties, and is therefore the history of the title of this patent. ��� �