Page:Federal Reporter, 1st Series, Volume 8.djvu/614

 600 FBDEBAIi BEPOBTEB. �The full assignment was made May 22, 1877. The assignment by Smith to Cipperly and the two others waa made June 28, 1877, after the patent was issued. The assignment of Eandel to Cipperly and the two others was to them individually, and not as copartners. Haslehurst acted for himself and the other two for themselves. Downer's testimony as to what passed between him and Haslehurst does not make ont notice, and Downer is contradicted directly as to what he said by Haslehurst. Phelps' testimony as to what Eandel said to Haslehurst is contradicted by Eandel, and it is wholly im- probable that Eandel, who was trying to effeet a sale to Haslehursi of an invention which he had before sold to another, would inform Haslehurst of such prior sale. Haslehurst was informed by Eandel, before purchasing, that the patent papers had been drawn by Mr. Lowe, and he applied to Mr. Lowe and was informed by him that he had drawn an assignment of the patent that had been issued, but had drawn no assignment of the pending patent, and that Eandel was the owner, so far as he knew. AU this tended to show that the invention had not been assigned. There is nothing fo show any notice to Cipperly, Cole, or Smart. The title of the Empire Company is sustained by the title of the prior honafide purchasers for a raluable consideration without notice, although that company was formed after the notice of July 7, 1877, had been served oa three of the persons who afterwards became directors ol it. The bili is dismissed, with costs. ���Detweiler ». VoBGB and others, (No. 1.) �Same V. Same, (No. 2.) [Oireull Oovrt, E. D. New York. July 26, 1881.) �1. Patentkd Machine — Sale by Owwbb op Patent. �Wlien the owner of a pateat himself sella a machine constructerl for the pur- pose of using his invention, he is understood to have, to that estent, parted with his exclusive right to that invention. �2. Same — Fokbclosube Sale — OwiiEii of Patent a Pautt— Consent to Decbbe �FOH Sale— VoLtTNTABT Sale— Rights of Vendees. �Upon a sale of a factory and its contents, including patented machines, uuder a suit for foreclosure of mortgage, to which the owner of such patents ia a party and expressly consenta to the decree for sale without reservation, and " with no intimiition of any claim on his part that the right to use the patented machines did not accompany the possession of them, hdd, so far as such machines are concerned, to be a voluntary sale by the owner of the patents, and, as such, the right to use them passes with their purchase and possessioa. ��� �