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ISRAEL KINSMAN AND CALVIN L. GODDARD, APPELLANTS, v. STEPHEN R. PARKHURST.

December 1, 1855

ISRAEL KINSMAN AND CALVIN L. GODDARD, APPELLANTS,
v.
STEPHEN R. PARKHURST.



THIS was an appeal from the circuit court of the United States for the southern district of New York. The facts are stated in the opinion of the court. It was argued by Mr. Keller, for the appellants, and Mr. Gifford, for the appellee.

The opinion of the court was delivered by: Mr. Justice Curtis delivered the opinion of the court.

Mr. Keller made ten points.

The first three assailed the validity of Parkhurst's patent. The others raised the following questions:––

4. Whether the agreement, preventing one of the parties from making the article and both from selling it under a certain price, was not void as being in restraint of trade and against public policy, if either or both of the parties knew that the patent was not valid.

The 5th, 6th, and 7th related to the responsibility of Goddard.

The 8th. Whether Kinsman and Goddard were responsible for bad debts, provided they were prevented from receiving the money by the interference of Parkhurst.

The 9th again attacked the patent.

The 10th. Whether Kinsman and Goddard were responsible, if the machines which they made did not, in law or fact, infringe the letters-patent.

Mr. Gifford made eleven points.

The first related to the propriety of entertaining the appeal at all.

The 2d, 3d, and 4th. That the agreements between the parties fixed their relation and prescribed their rights and obligations.

5. That Kinsman was estopped from denying the validity of the patent.

6. That Goddard, having come in under the agreement, was in the same ...


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