Page:Federal Reporter, 1st Series, Volume 2.djvu/458

 PERKINS V. NASHUA OARD & GLAZBD PAPHB CO. 451 �for two reasons, especially, without referring to any other — First, the evidence shows that at the time Willis Wilder gave this note to Richard H. he held notes against Richard, which he had a right to have set off against this note, so long as this note should remain in the hands of Richard, and which were so set off and adjusted by the parties ; second, because Richard is now dead, and no decree can be made against him, and no executor or administrator of his has come in and been made a party to this proceeding. �The bill is dismissed with costs— one bill to the Wilders, and another and distinct bill to Allen, because it is difficult to see why he was made a party to this proceeding. �The assignee has ail his property rights and credits, and a right to recover ail property conveyed by him in f raud of his creditors. He might have been used as witness without making him a party. �A decree of nullity against the two Wilders would, by oper- ation of law, vest the estate in these lands in the assignee without any decree of nullity of the deed as against the bank- rupt. �He should not be brought into court without reason, and dismissed without pay. ���Perkins V. Nashua Card & Glazëd Papër Co. {Circuit Court, D. New Bampahire. May 15, 1880.) �Patent — Two Yeaks' Public Use. — Use of machiBe by a patentee In his business for more than two years before applying for a patent, and by workmen under no pledge of secrecy, though the general public were not permitted to vlsit the shop where it was being used, Is such public use as wlU vitiate the patent therefor. �Same — Same. — ^To constitute public use actual knowledge of an In- vention need not have been derived by any one interested to prac- tice it. It is sufllcient if one or more persons, not under a pledge of secrecy, saw the invention practiced, or even might bave seen It had they used tbeir opportunities, provided it was, in fact, practiced in the ordinary way after being completed. �In Equity. ����