The Sun.
London, England, 1857-02-20 00:00:00

LAW INTELLIGENCE.--Feb. 19.

COURT OF QUEEN'S BENCH.
CHOLLET V. HOFFMANN.
Sir F. Thesiger, Mr. Bovill, Q.e7;Vcl Mr. Webster
appeared for the plaintiff, and Mr. FAiwiti.T.i:4, Q. 0.,
•Mr. Hindmarch, and Mr. Manisty for the defendant. -
The plaintiff in this action, Maximilian Louis Chollet,
was a Frenchman carrying on business'in Paris, and he
sued the defendant, Hoffmann, the agent of a house at
Frankfort, to recover damages for the infringement of a
patent granted to' Etienne Masson on the 12th of Nov.,
1850. The patent in question was for "improvements
in the preparation of certain vegetable alimentary sub-
stances for the • provisioning of ships and armies, and
other purpoies where the said substances are required to
be preserved." The plaintiff sued as Masson's assignee.
The defendant pleaded a number of pleas, the chief being
one denying the novelty of the invention.
Sir F. Thesiger, in opening the case to the jury, said
the action was brought to recover damages for the in-
fringement of a patent granted in November, 1850, to a
Frenchman named Masson. The defendant, Hoffmann,

was an agent of a Frankfort house, who imported articles
into this country, which professed to be made under an-
other patent, granted five years after Masson's patent,
but which was identical withthose made under Masson's
patent. The learned counsel said he felt bound to call
the attention of the jury to the mode in which the de-
fendant had prepared for his defence. He was re-
quired by the Act of Parliament not only to plead his
defence, but also to give specific notice of the grounds of
his objet ions ; and as to Masson not being the true and
first inventtr he gave notice of two other patents and
' the names of 24 persons in trade who had sold such ar-
ticles before Masson's patent. That had rendered it in-
cumbent upon the plaintiff's attorney to go about in the
trade to make inquiries, and the result of those ix-
qu:ries the jury would hear. Only on Thursday last the
defendant had obtained leave to amend his notice,
which he did by striking out 20 or 24 names, and ad-
ding eight others ; and he also added three other pa-
tents to his previous list. The object of the improve-
ments now to be laid before the jury was that of preserv-
ing provisions and making them easy of transport. That
was the general idea, and approximated to what Masson
had in his mind, though the application of his invention
was not so limited. Masson was gardener to the Cen-
tral Horticultural Society in Paris, and he sold his pa-
tent to Chollet, the plaintiff. A patent was taken out
in 1850, but it was not till the beginning of 1851 that
the plaintiff introduced it into England. It was exhi-
bited at the Great Exhibition of 1851, and obtained the
approbation of the judges, who awarded a prize medal,
considering it to be an invention of great novelty and
utility. At fir.t the trade slighted it and ridiculed it ;
but its merits it length became se apparent that it was
now in the greatest use not only by the Government of
this country, but also by many foreign governments. It
was adopted in the navy and in emigrati .n vessels, and
to such an extent was it u•,ed in the campaign of the
Crimea that n 1 fewer than 800,000,000 rations of the
preserved vegetables were sent out and consumed there.
The method in which Masson treated succulent vege-
tables was this :—He caused them to be desiccated by
exposure to heated air, and then placed them on wicker .
shelves, where they were dried ; and then, by means of
hydraulic pressure, he reduced them to the smallest
compass, so that they became, as it were, airtight. In
that state they might be preserved years, and yet the
_ vegetables, when dressed, were of precisely the same
character as before ; the vegetables possessed the same
nutritive quality, and even the sane appearance, with
t.the ex
taneeliegienathat
.jg is Ads7autin-e.
learned counsel exhibited to the jury a cake of vegetables '
tour inches square and a quarter of an inch thick, which
when dressed would form rations of vegetables for five
persons. Ile also exhibited another cake, 61b. in weight,
and which appeared to be about one foot square and an
inch and a half thick, which the learned counsel said
would form rations for 145 persons. The cake at present
was hard and dry, but when dressed it would come out
like vegetables dressed for dinner ; and the learned c rur -
set added that he had given directions that some of it
should be dressed in the course of the inquiry for the
satisfaction of the jury. (Laughter.)
Mr. James suggested that an aitchbone of beef should
be added. (Laughter.)
Sir F. Thester said Masson's invention consisted of
the combination of desiccation and compression, result-
ing in an article entirely new. He understood that the
plaintiff was threatened with hops and tobacco, which
were compressed, but the jury would recollect that that
was for the purpose of stowage merely.
Lord Campbell instanced hay, which was compressed
for the same purpose.
Sir F. Thesiger—And cotton. The defendant would
also refer to the case of dried fruit, figs and raisins.
Masson's process was one combined of drying or desic-
cating the article and compressing it ; and that process
had never been practised before Masson had taken out
his patent.
Mr. James here observed that the question was whe-
ther the plaintiff c mid prevent everybody from doing
what they bad done before.
Sir F. Thesiger said he would undertake to prove that
Warneky's patent, on which the defendant would rely,
was identical with the plaintiff's. The plaintiff manu-
factured his cakes in France, because he was able to do
it•there more cheaply than he could in England.
The deed of assignment executed by the patentee to
the plaintiff, on the 28th of March, 1855, was then put

in.
Mr. James at once took the objection that the plain-
tiff could not sustain the action without proving that the
assignment had been registered in " The Register of
Proprietors," as required by the Patent Law Amend-
ment Act, 1852. The 35th section of the statute (the
15th and 16th Victoria, cap. 83) enacted that there should
be kept in the office for filing specifications in Chancery
a book entitled "The Register of Proprietors," in which
shall be entered the assignment of any patent, &c. ; that
certified copies of such entries shall be prima fade proof
of assignment of such letters patent ; provided always
that until such entry shall have been made the grantee or
grantees of the letters patent shall be deemed and taken
to be the sole and exclusive proprietor, or proprietors,
of such letters patent."
Lord Campbell said that, but for the proviso, he should
have thought the section was merely directory.
Mr. James said there was a plea which raised this
question, that the patent was not duly assigned. His
learned fr.end (Mr. Hinrimareh), who had considered
the point, felt confident the objection was a good one.
Sir F. Thesiger, who appeared quite astonished at the
objection, said it had not been taken in Chancery, and
endeavoured to get over it, but
Lord Campbell said he was afraid the objection wad
a fatal one.
Mr. James said the trial would be a good advertise-
ment.
Lord Campbell then directed the plaintiff to be called.
Sir F. Thesiger objected to be nonsuited, and said
there must be a verdict, and added "I appeal."
Lord Campbell thereupon directed the jury to find
a verdict for the defendant upon the issue as to the
assignment, and discharged the jury from giving any
verdict as to the other issues.
Sir F. Thesiger then explained that he had declined
to be nonsuited, having in view the proceedings that
would be taken in the Court of Chancery.
This sudden termination of a trial which was ex-
pected to last nearly the whole day caused a consider-
able amount of merriment to some and disappointment
to others in court. The jury, having thus seen the
plaintiff tripped up before their eyes, withdrew from
the box, apparently wondering at the "glorious uncer-
tainty of the law, but probably not unwilling to forego
a taste of Masson's patent vegetables in favour of those
cooked in foro domestic
°.
theT
hdiesfs:adsa defendant.
and
a ge.
MOOR V. MOOR.
Mr. Edwin James, Q.C., and Mr. Eddwards appeared
for the plaintiff, and Sir F. Thesiger asn Mr. Lush for
action to recover damag es for a breach of
was
expected
ectaesde
thadolabsetenlon the paper for
promisesaepvpeeraa rleddoatfyoins Pb
e looked forward to witha (c
ones itdi r time.
It
anto-
rest. But in this, as in the last case, th
disappointed, for as soon as the cause wa.s ecaplluebdlioonw
there
parties came to a conference, and the result was that the
cause was settled, upon the ' ' erms, as MO understood,
that the defendant should make the amend() honorable,
and pay 2501. as damages.
Theisor
donly
mtwocases in the paper being thetadieposedef,
inquired of Mr. James wlsether be re-
pented of the course he had taken, and said that if the
defendant would admit the assignment he would try the
csue to-day.
Mr. James, however, declined his Lordship's
postponed
Sir F. Thesiger said the inquiry was onl,
though that was a matter for regret. no
It wits now only a quarter to 11, but as t here was
wh. sse . appetite
offer. _
other cause in the paper, his LordshiP,
for work is so well known, was conotrained,tn use.

Dec. 20, Jan. 17,
Increase. Decrease.
1856. 1657.
X
Bank of England IR ,973,935 19,173,100 219,165
Private Banks
Joint-stock Banks • • 3,044,695 3,050,947 6,052
--
Total in England .... 25,718,551 25,971,520 252,969
Scotland 4,349,383 4,125,178 224,205
Ireland
Halted Kingdom

d
a 34 L9csr decrease s eas
of
c o3mnp7te3ph:a rBi
373,8011. when
Showing an increase of 252,9691. in the circu-
lation of notes in England, and a decrease of
109,9351. in the circulation of the United Kingdom,
when compared with the month ending the 20th of •
Dec. ; and, as compared with the month ending the
19th of Jan., 1856, the above returns show a decrease
of 112,4551. in the circulation of notes in England, and
an increase of 68,351/, in the circulation of the United
Kingdom.
ending
gthh
the
hnt
eh
compared
mop
20th
heavroieof
dur
December
with
mnt month
r;
same awn
The average stock of bullion held by the Bank of Eng.
land in both departments during the month ending the
17th of January was 10,176,0281.,ebotecihnganaddIercir:bSeanokfa
held by the S
4drlue: hr9ion7de,gssl4att itc/e.k3:eamofros being an in crease of 145,6771. as compared
with the previous return, and an increase of 448,5971.
ponding period last year.
when compared with the corres

The Independance Bulge states that the bases of the
arrangement in progress between Fernk Khan and the
Persian Government are the mutual restitution of
Bushire and Herat, and the establishment of a free port
at Karrak.

A. letter from Vienna of the 13th, in the Hamburg
News, says :—" Our Minister of the Interior, M. de
sßach, who is at present in Milan, will start in a fele
days for Rome. This minister contributed in a great
measure to the carrying out of the late ecclesiastical re.
forms, and it is thought that he has been inv,i,ted to Roma
to
trAeDcveßivßentshEmeEprrer.is_onwale tqhuaonteks of the Pop 1.
thee
xtraordi.
health-restoring 'uddiegleiestioionag
o(1)3ac'11,BIilious, and.
nary cures withoutne medicinevaita eAraffecabteti.fedeaffh,YznisThiud
(Dyspepsia), Flatulency, Cotnhsintipal
Liver Complaints, Cough, Al., years'
Asthma, Consnuemrvpotuiosnn,easns, Deoenbistliiptya!
Cure No. 180.--'' Twdengbility, from which I had suffered.
tion, indigestion, an
;d.
y ery
eltlßßeeves, Pool Anthony, Tiverton." Cure
ees,_and naus.ea, for which my servant' had.
glivir,soeev.arett4mtliseis7=eff,
‘, Eight years Y popsia, nervousness, debility.
with 0
conulted
,the ,advice of many, have been effectually cared by
. health-restoring Food.—l shall be happy to
Dusky -
iaquiries.—Rev. John W. Flavell, Ridlington
Rectory, answerany No. 32,836.—" Three years' excessive
general debility, which rendered my life very miserable,
has been radically removed by Dil Barry's health-restoring
nervousness,
e ls Norfolk."
with pains
pains
in
my
neck and left arm, and
Food.—Alex. Stuart, Archdeacon of Ross, Skibereen."
Supported by testimonials from the celebrated Professors ot
Chemistry Dr. Andrew Um ; Dr. Shorl a n d ; DDrr.. 111
na;:my t
Dr. Campbell; Dr. Gattiker ; Dr. Wnrzer;
Lord Stuart do Decies; the Dowager Countess of Castle.
Stuart ; Major-Gen. Thomas King, and many other respectable
pmeersoananso,
fwheulee hhadealtfah has been
further particulars respect. restored by it, after all other
ing, this invaluable food our readers are referred t) Du Dane'
I advertisement in another part of this paper.

•••••••...
lir O THE SHAREHOLDERS OF THE
EASTERN COUNTIES RAILWAY
COMPANY.
LANEs Al.to GENTLEMEN,—The Report issued to the Pro-
prietary, for the six months last passed, presents a gratifying
contrast to those issued of late years at the semi-Annual
Meeting. IThe sections relatingto Locomotives, Season Tickets,
and Free Passes evince a spirit of determined economy ; there-
solution to increase Locomotive and Rolling Stock out of Re-
venue, instead of charging them to Capital Account, being
particularly deserving of your commendation. In like manner
it has been resolved to rescind, or to renew, the agreement
with the North of Europe Company relative to cattle, by
which our company was bound to convey that description of
Property at ruinously low rates. The report, after alluding
to certain expensive law suits amicably and reasonably settled,
and certain minor :points of cab discipline left to their own
proper development, expresses the very proper resolution of
entering into no arrangements except of a remunerative
kind. This very proper business-like way of managing
the company is, however, applied in reference to
another company, of which I hopeito know somewhat--
via., the London, Harwich, and Continental Steam-Packet
Company, 44, Moorgate-street. lam given to understand
that, unlike the grasping policy of the North of Europe, the
Directors of this Company only seek to aid, and be aided by,
the great Eastern Counties Railway proprietary, upon the
usual fair basis of pro-ratio division of expenses and profits.
The natural capabilities of Harwich are such that under a
due development it must become the Southampton or Liver-
pool of the East Coast, a distinction which only one port in
that extensive seaboard can claim with her, viz., Grimsby.
Barely the apathy- which a long course of mismanagement
has produced will cease to paralyse our energies to the ex-
teat of letting slip this glorious prize from our grasp, Steam-
ship Companies have no expensive land to purchase the right
of "my through, no expense of rails, no long bills for sur-
veys, and other preliminary phlebotomy. Hence ono hun-
dred thousand pounds is even a large capital for a
Company, though it only expresses one hundred share-
holders of 1,0001. each, or 500 of 2001. each. Such an
amount might readily be raised out of our own pro-
prietary, thereby enabling the marine company
to contract, or at least tender, for the conveyance of the
mails for the whole of the North of Europe and India (via
Trieste), in preference to the present tempestuous routes by
Calais and Dover, with their concomitant drawbacks of sands,
and
.breaks of rail whenever they reach the Rhine. For these
services the Post-office pay the South-Eastern Steam-packet
Company 10,5001. per annum. Suppose 7,0001. or 8,0001.
thereof directed into this new route? This implies not only
s dividend to tit amount per cent, on the Steam-ship Com-
pany's shares, but the carriage or 0r... ...,,.ttor on LA..
Eastern Counties Railway. Apart from this, the comparative
Amoothness of the sea passage from Harwich, owing to its
being above the various currents that beset the straits, the
ready communication from Harwich to all England without
passing through London, and the direct and unbroken lines of
rail from Rotterdam to Cologne and the Rhine, indicate this as
the certain route for at least a fair proportion of the
autumnal tourists, while all travellers to places east of the
Rhine, and all the overland mails and passengers to India must
eventually adopt this line, wherever time and comfort of
unbroken rail communication are an object. With respect to
the commercial prospects of the Company my information is
not so certain, for the facts enumerated above are patent to
any man who will take up a map of Europe, on which the
Railways opened since last October are properly marked. The
steady increase, however, of the trade of this country with
Northern Germany and Denmark, through the ports of Harlin-
gen, Embdcn, Bremen, Hamburg, and Tonning, point to a pro-
bably great increase of remuneration to the Eastern Counties
proprietary, if a properly remunerative scale be fixed as be-
tween the two Companies. Let each and all of us, therefore,
aid as far as we can in the development of this great feeder
of our line, and wo may hope, without being at all accused
of being too sanguine, to see our shares once again at par or
premium, as so noble a property ought to be.
A SHAREHOLDER IN BOTH COMPANIES.

THEATRE ROYAL, DRURY LANE.—
Lessee, Mr. E. T. Smith.
Acting Manager, Mr. C. Mathews. Stage Manager, Mr. R
Roxby. Scenic Artist, Mr. W. Beverley.

The eminent Comedian, Mr, Charles Mathews, every evening.
Great Success of the Grand Christmas Pantomime, the
most magnificent ever produced on the English stage.
TIIIS EVENING, her Majesty's Servants will perform an
entirely new three-act Drama, entitled