Page:Federal Reporter, 1st Series, Volume 2.djvu/357

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

350 PEDBBAL REPORTER. �twenty-seventh day of March, 1879, Corse assigned bis right to Caroline G. Caswell, and she became a party in like manner. Corse and Eddy were partners witb otbers, and they and tbeir eopartners, eacb as partners and as individuals, on the thirty-first day of March, 1879, assigned to J. Albert Clip- perty and Charles N. Stannard "ail and singular their co- partnership and individual estate and property, real and per- sonal, goods, chattels, effects, credits, accounts, debts, dues, demands, choses in action, and property of every name and kind whatsoever, whether held by and in the name of said parties of the arst part, and eacb and either of them, or by and in the name of any other person, for them, or either of them, except such property, if any, held or owned by said parties of the first part, individually, as is exempt by law from levyand sale under execution," in trust, to be converted into money for the payment of the debts of the firm and its individual members. �These assignees, assuming that the assignment covered the patent rights, have assigned them to Samuel E. Clexton, • who bas become a party to this suit. The personal repre- sentatives of Shavor bave assigned bis right to Clexton. The rights of Caroline G. Caswell to the share of Corse, ail rights of Corse, if there were any remaining to him after bis assign- ment to her and the assignment to trustees, and ail rights acquired by Clexton through the trustees, have been trans- ferred to Horace T. Caswell, who bas become a party to this suit also. So ail the rights of Corse, without reference to the fairness of bis conveyance to Caroline G. Caswell, so near to the time of the conveyance to trustees for the benefit of cred- itors, and without reference to whether that conveyance would pass any of these rights, bave become vested in Horace T. Caswell, and ail the rights of Shavor bave become vested in Clexton, and the only question remaining is whether the rights of Eddy passed to the assignees and thence to Clexton, or remained to bimself . AU these assignments covered the claims for past infringement, as well as the title to the shares of the patent. �The infringement of the defendant had been ripening into ����