Page:Federal Reporter, 1st Series, Volume 8.djvu/608

694 FEDERAL REPORTER, �1878, whioh reeited the said assignment by Eandel to Smart, the said Cipperly, Cole, Haslehurst, and Smart assigned to the said Empire Button-Hole Machine Company, Limited, all their rigbt, title, and interest in and to said inventions, as secured to them by said patent No. 192,008 and said assignment. �The bill in this case sets forth that the inventions afterwards patented by patent No. 192,008 were invented and reduced to prac- tice by Eandel on or about August 16, 1876, or prior thereto; and that the said assignments by Eandel to Smith and Downer, and by Eandel and Smith to Downer, were made and reoorded. But it does not state when they were reoorded, nor does it base any cause of action on any notice claimed to have been given by the recording. Its cause of action is based on actual knowledge by the co-defendants, with Eandel, of the contents of the said prior assignments by him, and on want of the consideration for the assignments from Eandel under which the co-defendants with him claim. �The bill avers that the expenses of the application for patent No. 192,008 jwere paid by Smith and Downer; that prior to May 22, 1877, Cipperly, Cole, and Haslehurst, each of them, knew of the contents of said assignments of September 19, 1876, and January 81, 1877; that the assignment to them was made without any valu- able consideration, and for the purpose of defrauding the prier as- signees of Eandel of their interest in said invention, and the patent which might issue for the same; that said patent was issued without the consent or knowledge of the Eandel Button-Hole Machine Com- pany, and in violation of their rights; that the assignment of June 28, 1877, was without the consent or knowledge of said company; that Smart knew of the contents of said assignments of September 19, 1876j and January 31, 1877; that the assignment to Smart was made without any valuable consideration, and for the purpose of . de- frauding said company; that the Empire Company knew of the said assignments of September 19, 1876, and January 31, 1877; that Cole was the president, and Cipperly, Haslehurst, and Smart were directors of it; that Eandel was and is interested in and conneoted with it ; that all said parties, both officers and directors of said com- pany, knew of the said prior actions and doings of Eandel ; that said assignment to the Empire Company was for the purpose of defraud- ing the Eandel Company, and without any valuable consideration; that after said patent No. 192,008 was issued, the Eandel Company requested Eandel to assign toit the said patent, but he refused, and the same request was made of his assignees, and they refused; and ��� �