Underfeed Stoker Co. of America v. American Ship Windlass Co.

Citations

• 165 F. 65
• 1908 U.S. App. LEXIS 5352

Syllabus

<p>1. Attorney and Client (8 72*) — Authority—Appearance—Evidence—Presumption op Authority.</p> <p>Ordinarily a record showing the appearance of a defendant by an attorney at law constitutes prima facie evidence of the authority of the attorney.</p> <p>[Ed. Note. — For oilier eases, see Attorney and Client, Cent. Dig. §8 102 -105; Dec. Dig. § 72.*]</p> <p>2. Judicial Sales (§ 47*)— Juris mot ion op Court — Foreign Corporation.</p> <p>The acquiescence of a corporation during a number of years in a sale oí property of the corporation by order of a court in another state, made aftor notice to its stockholders, including four out of its live directors,-in a suit In which appearance had been entered for the corporation, is evidence tending to show that such appearance was authorized, and is sufficient proof of ratification, if: original authority was lacking; and the title of the purchaser to the property cannot be questioned by a stranger not in privity with the stockholders or creditors of the corporation.</p> <p>[Ed. Note. — For other cases, see Judicial Sales, Dot-. Dig. 8 47.*]</p> <p>3. Judicial Sales (8 61*) — Patents -Conveyance by Master.</p> <p>A court having jurisdiction of a corporation defendant by its consent nad authority to order a sale of patents owned by the corporation to satisfy a decree against it, and an assignment of the patents so sold is not imalid to convey title because, pursuant to order of the court, it was made by the master, instead of by the officers of the corporation.</p> <p>[Ed. Nolo. — For oilier cases, see Judicial Sales. Cent. Dig. 8 120; Dec. Dig. § 6!.* I</p> <p>4. Patents (8 .328*) — 'Validity and Infringement — Underfeed Stokers.</p> <p>The .Tones patent. No. 470,052, for an underfeed furnace, the principal features of which are a fuel magazine of considerable size below the combustión chamber in which the coal is coked before being fed to the fire, a powerful ram operating horizontally to force fresh fuel into the magazine and t