Western Telegraph Company v. Penniman
62 U.S. 460 (1858)

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U.S. Supreme Court

Western Telegraph Company v. Penniman, 62 U.S. 21 How. 460 460 (1858)

Western Telegraph Company v. Penniman

62 U.S. (21 How.) 460

APPEAL FROM THE CIRCUIT COURT OF THE UNITED

STATES FROM THE DISTRICT OF MARYLAND

The decision in the preceding case again affirmed.

MR. CHIEF JUSTICE McLEAN delivered the opinion of the Court.

The Western Telegraph Company, a corporation incorporated by the States of Maryland, Virginia, and Pennsylvania, have filed their bill against George C. Penniman and John King, citizens of Maryland, and charges them with the violation of the patented rights of the Western Telegraph Company,

Page 62 U. S. 461

under a contract made with Morse, Vail, and Smith, dated the 8th of March, 1840. The above-named persons are alleged to be the sole proprietors of the right to construct and use Morse's electromagnetic telegraph, by him invented and patented, on the route between Baltimore, in the State of Maryland, and New York and Harrisburg, in the State of Pennsylvania, for and in consideration of thirty dollars per mile, by the route on which the telegraph has been or may be constructed, between the points or places aforesaid. And said right, through their agent, Amos Kendall, was conveyed unto John C. Penniman and his assigns, to construct between the points or places aforesaid the said telegraph, with one or more wires, with the apparatus for working the same and the improvements therein. And the said Morse & Co. covenant not to grant to any other person or persons the right to construct any other line of telegraph under the patent aforesaid, within the aforesaid limits, either in a direct or indirect line.

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