Page:Federal Reporter, 1st Series, Volume 4.djvu/459

 BTBBBINS, ETC., ELEVATOE MANOT'G CO. V. BTBBBISfl. jliS �Thb Stebbins Htdbaulio Eletatob MANUF'a Co. and anotber v. Stebbins. �{OireuU Court, 8. B. Ifeu York —, 1880.) �L PATHarr No. 132,111, îssued October 8, 1872, for " improvements in hy- draulic elevators," hdd, under the circumstances of this case, moi m- fringed by an apparatus constructed according to patent No. 172,896, issued- Febniary 1, 1876, or patent No. 181,113, issued Auguert; 15, 1876, for "improvements in hydraulic elevators." �2. Patent No. 132,112, issued October 8, 1872, for "improvements in �safety devices for hydraulic elevators," hdd infringed. �3. Patents Nos. 172,896 and 181,113, hdd, not improvements in or of, �or in aid of , any of the inventions or improvements patented by pat- ents Nos. 132,111 and 132,112. �Arthur V. Brieaen, for plaintiffs. �George W. Wingaie and Francis Forhes, îox defendant. �Blatchford, C- J. Letters patent No. 132,111 were issi^ed to the defendant, October 8, 1872, for "improvements in hyr draulic elevators." Letters patent No. 132,112 were issued to him on the same day for "iraprovementsr jn safety devicea for hydraulic elevators." On the fourth of November, 1872, he and two other persons, being then the oivners.of 8g,id pat- ents, assigned, by an instrument in writing, the said two pat- ents to "The Stebbins Hydraulic Elevator Machine Manufao- turing Company," a California corporation. One of the j)laintifî8, "The Stebbins Hydraulic Elevator Manufaoturing Company," is alleged in the bill to be a California corporation, and the said assignment îs alleged in the bill to havô beea made to it. The answer appears to admit that such assign- ment was made to the plaintiff corporation, and no point ia made that it was not, or that it was made to anotber corpora- tion. But there is no explanation as to the discrepancy of name by the introduction of the word "machine" into the name in the assignment. The parties, however, seem to treat the corporation assignee as being the corporation plain- tiff. �'The assignment, after assigniug to the assignee ail the ����