Page:Federal Reporter, 1st Series, Volume 8.djvu/616

 602 FEDERAL REPORTER. �Manufacting Company. " On April 16, 1873, David Hannyan bought of Samuel Croft a factory for manufacturing cans at Camden, alreeidy referred to, includmg its machinery, and gave back to Croft a mort- gage, in Tvhich, on behalf of himaelf and his assigns, Hanny^^n cove- nanted that the mortgage should cover "all other tools, maohinery, goods, and cbattels hereafter used and placed in said building." On April 25, 1873, the day of the transfer of the Blakeslee patent to the Standard Manufacturing Company, that corporation, by a transfer from John L. Masoni came irito possession of the factory bought of Croft, subject to the above-described mortgage of Croft, and thereupon the Standard Manufacturing Company commenced manufacturing •with the machinery se transferred. Hannyan, -who had transferred the factory to Mason, was one of the incorporators of the Standard Manuf aijturing Company. Johnson, who transferred the Blakeslee patent to the Standard Manufacturing Company, was one of its trustees. �Shortly after taking possession of the factory the Standard Manu- facturing Company,' being then owner of the Blakeslee patent, intro- duced into said factory, and thenceforth used therein as part of the machinery thereof, one of the Blakeslee machines in question here. The Newber & Perry patent was assigned to John L. Mason, one of the incorporators of the Standard Manufacturing Company, and there- after the t-wo Newber & Perry machines, forming the siibject of the second of the above suits, were introduced into the factory andbecame part of its machinery, were thenceforth there used, and with the knowledge of Mason, the then owner of the Newber & Perry patent, and without objection by him. The Standard Manufacturing Com- pany thuB used these three machines in their factory until May 28, 1875, the same having been made and introduced into the factory under circumstances from whieh a license to use them must be implied. �By an instrument dated February 11, 1874, but not recorded until August, 1874, Detweiler, the plaintiff, by an assignment from the Standard Manufacturing Company, became again owner of the Blakes- lee patent, and by assignment dated March 9, 1875, but not recorded until February 21, 1876, Detweiler became also owner of the Newber & Perry patent. But, as already stated, the Standard Manufactur- ing Company continued to operate the factory and use these three machines without objection from the plaintiff, or any intimation from him that the right to use them did not accompany their possession, until May 28, 1875. At that time Robert Fleming, a person inter- ested in the Standard Company, having obtained judgment against ��� �