Page:Federal Reporter, 1st Series, Volume 8.djvu/607

 WRIGHT f. EANDEL. 593 �ing button-holes, and all benefits and advantages to be derived therefrom, excepting his interest in a patent issued by the United States, and already assigned to B. H. Downer and Oscar Smith," and, in consideration thereof, the other three agreed "to be to the expense of procuring patents in such countries as may be mutually agreed upon." By an assignment dated May 22, 18I7, which recited that Eandel had invented an invention in button-hole attachments for sewing machines, an application for a patent for which was filed on or about January 15, 1877, Eandel assigned to the said Cipperly, Cole, and Haslehurst each an undivided sixth part of all his right, title, and interest in and to the said invention as set forth in the specification filed with the application, and reqnested the commis- sioner of patents to issue the patent jointly to him and the said Cip- perly, Cole, and Haslehurst. The patent was issued to the four June 12, 1877. By an assignment dated June 28, 1877, Eandel, with the consent of the other three, assigned to Joseph W. Smart all his right, title, and interest in and to said inventions, as secured by said patent No. 192,008. On the twenty-eighth of June, 1877, the said Oscar Smith executed an instrument which recited the contents of the said assignment of September 19, 1876, and assigned to said Cipperly, Cole, and Haslehurst all his right, title, and interest, of whatever nature, remaining or reserved to him in said instrument. On the seventh of July, 1877, the Eandel Button-Hole Machine Com- pany served on Cipperly, Cole, and Haslehurst a written notice which recited the said assignments of September 19, 1876, and January 81, 1877, and that the Eandel Button-Hole Machine Com- pany, by assignments executed by said Downer and said House, had become the sole owner of said patent No. 192,008, and of all the inventions transferred by the said assignments, and that Eandel had no right which he could assign in said patent to said Cipperly, Cole, and Haslehurst, and required theqi to assign to said company all their interest in said patent No. 192,008, and all the interest they had acquired since September 19, 1876, by any and all assignmenta from said Eandel for any patents issued to Eandel, or to him and them, as his assignees, for any button-hole attachments for sewing machines, or for any improvements in such attachments. In Decem- ber, 1877, Cipperly, Cole, Haslehurst, and Smart, and one Hunting- ton, formed a corporation under the laws of New York called "l'he Empire Button-Hole Machine Company, Limited," which is one of the defendants in this suit. By an assignment dated January i, v.8,no.8— 38 ��� �