Myers v. Turner (17 Ill. 179, 1855)

Catón, J.

These actions are upon promissory notes, to which the defendant pleaded a want of consideration. On the trial was given in evidence by the defence a patent issued by the United States to Alexander Edmunds, bearing date the 23rd day of February, 1853, for “ a new and useful design for a cradle.” The claim set forth in the specification, and which is referred to and made a part of the patent, is as follows: “ What I claim as my production, and desire to secure by letters patent, is the design and configuration of the ornaments above described and set forth, forming together an ornamental design for an Horological Cradle.” A conveyance was also shown from Edmunds to Turner and Hildreth of the right to certain specified territory of the United States. This conveyance or assignment recites that, “ Whereas, Alexander Edmunds, of Mt. Pulaski, in the county of Logan, and State of Illinois, did obtain letters patent of the United States for an Horological Cradle, which letters patent bear date the 23rd day of February, 1853.” It then assigns to Turner and Hildreth “ all the right, title apd interest which I have in the said invention as secured to me by the said letters patent, for to and in the States,”