Page:Federal Reporter, 1st Series, Volume 4.djvu/443

 EAMIIi-tON p. KIÎIGSBtJBÏ. 429 �G^o. H. Lathrop, totplsbmtiS. �Williain F. Cogswell^foT ieîehàentB, �Blatchpobd, 0. J. When this case was before the court, on the original bill and the plea thereto', it was decided (14 0. G. of Pat. Off, 448) that the proper construction of the recorded conveyance of Angust 27, 1866, from Milton A. Hamilton to Lombard & Thompson, was that Lombard & Thompson acquired thereby the right to make as well as the right to use, and to sell to be used, the patented saw hang- ings, as they are or may be applied to muley or single upright mill saws, for, to, and in the state of New York; such right to use and to sell to be used being exclusive, but th'e grantor leserviûg to himself a right to make in cominon -with the grantees. The plea was allowed, and the plaintiff then amended the bill by setting forth two unrecorded instrunients, made August 27, 1866, one executed by Milton A. Hp-milton of the one part and Lombard & Thompson of the othe.r part, and the other executed by Milton A. Hamilton aiid then delivered to Lombard & Thoïàpson. There was a plea to the àmended bill, and a replication to the plea, and piroofs were taken thereon. The main point of the plea wàs that the defendants wëre bona Jide purchasers under the saîd recorded eonveyanee of Aùgust 27, 1866, without notice of eithei/ ôf the said unrecorded instrunients of that date. '■ The case was submitted to the court on briefs^ without oral argument, (17 0. G. of Pat. Off. 147,) and the court overruted the plea. The plaintiff con- tended that under the three instruments of August .27, 1866, taken together. Lombard & Thompson acquired no right to make the invention, except in a certain contingency which had never happened; that the three instruments were con- temporaneouB and were ail portions of the same transaction, and must aU be read together to determine the intent of the parties to the transaction ; that the three instruments were consistent with no intention not to convey to Lombard & Thompson, by the recorded conveyance, any right to manu- facture the invention; that if the recorded conveyance gave to them the right to manufacture, the other two instrumenta had no meaning ; and that the instruments were, (1) a license, ����