Commonwealth Trust Co. v. Frick

Citations

• 120 F. 688
• 1903 U.S. App. LEXIS 5298

Syllabus

<p>1. Federal Courts — State Practice — Attachment—Rule to Vacate.</p> <p>Where a suit in equity was Degun in a state court by foreign attachment, and the case was removed to the Circuit Court, the Circuit Court had jurisdiction of a rule on plaintiff to show cause of action, and why the attachment should not be dissolved on the pleadings; such rule being in accordance with the prevailing state practice.</p> <p>'•2. Same — Patents—Accounting—Actions—Joinder of Parties.</p> <p>Where the deceased owner of a third interest in a patent prior to his death had made a general assignment for the benefit of creditors, a bill to compel the owner of another third interest to account for profits could not be maintained by deceased’s assignee for the benefit of creditors in conjunction with deceased’s executrix as co-complainant, defendants' liability to plaintiffs, if any, being several, and not joint.</p> <p>•t. Same — Oause of Action — Statement.</p> <p>Where a bill for an accounting of profits derived from a patent depénded on an agreement between plaintiffs’ decedent and defendant, and the bill failed to allege whether the agreement was verbal or in writing, its consideration, how long it was to be in operation, and whether defendant was to have any compensation for what she did in organizing concerns to operate the patent, or as to expenses incurred, it was insufficient.</p>