Zihlman v. Zihlman

Robinson, J., delivered the opinion of the Court. This is, it seems to us, a plain case. A bill of inter-pleader was filed by the Cumberland Glass Company, alleging that it'had in its hands $3833.30 due as royalty ■on a patent process, used by it in the manufacture of tumblers and other glassware, and which patent process Anthony Zihlman, one of the defendants, claims belongs jointly to him and to Joseph Zihlman, the other defendant. That in pursuance of an agreement made with the defendants, the plaintiff has, from 1883 down to 1890, paid one-half of the royalty to Anthony, and the other half to Joseph Zihlman, but that Joseph Zihlman now claims to be sole owner of said patent, and has brought suit against the plaintiff to recover the whole of the royalty due b3r the plaintiff for the use of the same,- and that ³⁷⁴ Anthony still claims one-half as belonging to him.

That the plaintiff is willing and ready to pay the whole-of said royalty to Joseph, or one-half to him, and the other half to Anthony, as may be determined between them; and tenders itself ready to pay the money now in its hands into Court. It therefore prays that Joseph Zihlman may be enjoined from further prosecuting his suit against the plaintiff. Upon this bill, the Court ordered that, on the payment into Court, by the plaintiff of the sum of $3833.30, an injunction should issue restraining Joseph Zihlman from prosecuting his suit against the plaintiff in respect of the said sum of money. In his answer to this bill, Joseph claims to be the sole owner of the patent, and as such entitled to the entire sum now in the hands of the plaintiff, and, whilst admitting that the plaintiff has hitherto paid to Anthony one-half’ of the royalty, he says these payments were made with the consent of the respondent, and for the sole purpose on his part of assisting his brother, and denies that Anthony has any interest in the patent, or any interest in the royalty due by the plaintiff.

He therefore prays the Court to direct that the undisputed one-half of the money in the hands of the plaintiff shall at. once be paid to him.