69 Mo. 84 | Mo. | 1878
Plaintiffs’ action is founded on a note executed to them by defendants. Defendants’ answer admits the execution of the note, and alleges total failure of consideration for the note, and also fraudulent representations by plaintiffs as to the patent right, the sale of which constituted the consideration for the note sued on. Plaintiffs’ reply admits that the note was executed for and in consideration of the sale of a patent rightbut they deny failure of consideration and fraud as alleged by defendants.
At the trial there was testimony on the part of defendants tending to show that the patent right sold defendants by plaintiffs, was of no value, and testimony on the part of plaintiffs tending to show that it was valuable and useful. There was also testimony tending to prove fraud and to disprove it as alleged.' Defendants read in evidence the letters patent to'plaintiffs, No. 78,672, for the invention described in said letters patent as a new and useful “improved composition for tanning.” The sale of the right to make, use and vend this composition, in certain States and Territories, one of which was Colorado, was the sole consideration of the note sued on. Defendants also read the schedule annexed to and forming a part of the letters patent. In this schedule water is mentioned as one of the necessary ingredients to be used in preparing the composition. The quantity to be used is indicated in the schedule, but the schedule does not mention any particular kind of water, except that it must be boiling water. The evidence also tended to show that the waters of Colorado in general use would not accomplish the end for which water was used in the composition, by reason of their alkaline qualities or otherwise, also that the composition was worthless and could not be used in tanning leather. Eli Keith, one of the plaintiffs, testified, among other things, on cross-examination by defendants, to the following facts:
The court, at the instance of plaintiffs, gave three instructions, substantially as follows : 1. That notwithstanding the jury should find that the defendants failed to use the tanning composition successfully, they must find for the plaintiffs as to the first defense, unless defendants showed that the composition was wholly useless, and could not be successfully used by practiced tanners, as a means or in the process of tanning. 2. That if the composition was valuable, the jury would find for plaintiffs, as to the first defense, notwithstanding defendants had failed to use it successfully. 3. That the jury must find for plaintiffs as to the alleged fraudulent representations, unless they were actually made, were known to be false when made, and defendants were thereby induced- &e., &e.
Defendants asked six instructions as follows : 1. That in order to support the letters patent, in evidence, it is absolutely necessary that 'the alleged improved composition for tanning be new, and should the jury be satisfied from the evidence, either that the leather produced by said composition was not as good in quality at a cheaper price, or that it was not better in quality at the same price, as leather manufactured by the old and usual process, then said composition is not new within the meaning of the law, and for that reason said letters patent are void; there was
2. The jury are instructed that the inventor should confine his specifications to substances which he knows will answer the purpose for which they are used; that the specification accompanying the letters patent, read in evidence, makes use of the general term water-, and if the jury believe from the evidence that the waters of the territory of Colorado in general use will not accomplish the end for which water is used in the said composition, either by reason of their alkaline properties, or otherwise, then the specification is insufficient, and the letters patent are void; there was no consideration for the note sued on, and the verdict must be for the defendants.
8. The jury are instructed that if they believe from the evidence that the alleged improved composition is worthless, and cannot be beneficially used for the purpose of tanning leather, or if the jury should be satisfied, from the testimony, that any one or more' of the ingredients mentioned in the specification as essential, is either disadvantageous, or utterly useless, then, and in either of said cases, the letters patent are void, and the verdict should be for the defendants.
4. The jury are instructed that the letters patent are prima facie evidence that the plaintiffs are the joint inventors of the so-called improved composition, yet that tact may be disproved; and if the jury should be satisfied, from the testimony, that said composition was invented by the plaintiff’, Keith, alone, and not by Keith & Eylar jointly, the letters patent are void; there was no consideration for the note sued on, and the verdict must be for the defendants.
5. The court instructs the jury that the specification accompanying the letters patent, read in evidence, must in and of itself contain a full, clear and exact description of the invention, and if the object of the alleged patent improved composition for tanning cannot be obtained when'
The sixth instruction for defendants is substantially the same as plaintiffs’ third. The court gave all defendants’ instructions except the first. Plaintiffs took a non-suit with leave to move to set aside, and filed motion accordingly, which was overruled, and plaintiffs excepted.
The plaintiffs insist that the action of the court in giving the declarations of law asked by defendants was erroneous, because they are inconsistent with those given for plaintiffs, because they are not predicated on the pleadings, and because the court had no jurisdiction to inquire into the validity of the patent for which the note in suit was given. Counsel have not attempted to point out the alleged inconsistency between the instructions given on the part of plaintiffs and defendants, and we are unable to perceive that it exists. Nor are we able to discover that the instructions are not predicated on the pleadings and facts in evidence. The defense to the note is founded on the theory of want of consideration and fraudulent representation on the part of the vendors of the patent. The instructions given on both sides are applicable to the defense thus set up, and only touch the questions raised by it.
It is, however, claimed that under the laws of the United States the United States courts have exclusive jurisdiction in all cases involving the validity of patents, and that, therefore, the action of the court was erroneous in directing the jury that if they believed certain facts recited in the instructions were true, the patent sold by plaintiffs
The last of the authorities referred to justified the court in giving the second instruction complained of. Judgment affirmed, with the concurrence of the other judges, except Judge Iiouoii, who, having been of counsel, did not sit.
Arrirmed.