Goodyear Shoe Machinery Co. v. Dancel

Citations

• 119 F. 692
• 56 C.C.A. 300
• 1902 U.S. App. LEXIS 4726

Syllabus

<p>1. Patents—Contract of Assignment — Agreement to Pay Annuity to Assignor.</p> <p>Under a contract by which the assignee of a patent agreed to pay to the assignor in each year while such patent “remains in force as a valid1 patent the sum of $5,000 as an annuity,” the right to such payments does not cease on the death of the assignor, because they are termed an “annuity,” but payment may be enforced by his legal representatives so long as the patent remains in force.</p> <p>2. Contracts—Parties—Action at Law against Assignee.</p> <p>An agreement by the assignee of a contract, by which he assumes the obligations of his assignor thereunder, does not mate him a party to the contract, so that he may be sued thereon at law by the other party; nor can such an action be maintained upon the doctrine of subrogation, which pertains to equity only.</p> <p>8. Stipulations—Matters Concluded.</p> <p>A stipulation by the defendant in an action at law to waive a jury and go to trial before the court is not a waiver of his right to insist that plaintiff has no right of action at law.</p> <p>4. Federal Courts—Distinction between Law and Equity—Effect of State Laws.</p> <p>Neither the statutes nor decisions of the courts of a state can confer authority on a federal court sitting therein to exercise equitable jurisdiction in actions at law.</p>