The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Law Courts September 24 1900

The attention of the jury was not called by the learned judge to the fact that the burden of proving express malice lay on Plaintiff. [...] In the present action the Company sought to have the assignments of the patents enforced damages for breach and repayments of portion oT the purchase money on the ground that in seine countries the patents had been declarti void. [...] As against Gibbs the matter was comprondsea and the main point raised was that the grant of the patent was to Gaullard and Gibbs jointly and on death of Gaullat Gibbs.lcarne the proprietor by survivorship and that the obligation created by the said seventh clause was a joint covenant and therefore Gibbs was the only person who could be sued. [...] The proper order to make was that tilt right of the Plaintiff-company to relief against Ituelle ought to lie ascertained upon the footing that Gaullard and Gibbs had jointly covenanted to assign the patents and that such assignments should contain joint and several covenants by Gaullard and Gibbs with the Company that Bitch patents were valid and in nowise void mud the amount due to Ruche should [...] 25 of the above Ant which enacts : - - If the Defendant in :my prosecution under this A et prove to the: satisfaction of the justices or Court that he had purchased the !allele in question as the sante in nature substance and quality as that denitu hied of him by the prosecutor 6an.d with a written Itvarranty to that effect that he had no reason to believe at the time when he sold it that the