The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-10-02
United states circuit Court.
Before s Nelson. Circuit Judge aud 4. n Be,ts
- Ina.


Circuit Court Of the United State. doe. NOT t~p-nf
upon the citizenship ~ til. hut uDaa the
jsct matter and that under the 18th see ius-
csry act It II not necessary that .th.r h- d-aians
or the plsi,tin should h- an Dhabsnt OF IN. at IN
which tie suit IL brought II ssui -nt TO s,T. nrs-
c,con that the writ was served. sersobsliy Tho
deter dant in the district in which IN. Il hraasht
That the Circuit court ~ tb- Unit-d State usa-r
" 18th of the Patent Act ~ 1884 has IN
injunction bill 70 the of "a.
tni where there l. no dispute - Z, the t. a. r-,.r
the case t. master TO take scronnt "f thu profits
OF vb'ch the complainant has been deprived by on
sfthe infringement The action ~. ct Las np,o .
decree rendered Ia equity IN the Cir 'uit
frt circuit ON bill taken ooafess the defendant
net having appeared in The A trial vas
grsnted the ground that IL did not appt a. Arma.
lively on the face OF the record that thr d-'enisat
rerfously ferved with process in tho district asss
ohusotts, where the suit brought.
Curtis ods chester and Ohus - rhe Court hals that
worsted bin dipgs imported under tam act of July
IL 1852 were ret ehaResble With duty OF 10 par c.ot
uncer the subd OF the .S"on m,ts gloves bindpgs,
blankets hosiery, carpets and earpeting"-As that
clause referred, exclusively TO articles the erip
ton there enu@eratcd, when coIoposed wholly OF la
part q wool; that ,his c0nsruston bai been glysa
1t ty The Supreme Court OF tho United States la Bend
entitled to cose IN free OF duty That ~hsther thu
action would lie sau. tie collector since tho act %
March 9, 1882 and Tie decifion under It. q now,
256) notwithstanding the repeal of IL by 81, Il
Feb 25 it45. question that diS NO. aisle In the
case and, therefore, was not decided.
!, Efetereson lfaisan IS Lq@renes-rhe Court beit
that under Tic sr act of go 1sl2 linen pocko.
1audlerchiefs Lem stitched hommed. we're not
81 tho s3-"On all articles worn by men, women ant
children, &c made wholly or in part by hsod" bat
were able. under the subd of the IS linens
or manufacture Of fax, OF which nsx a compo-
ntnt part; that distinction bad always been rseng-
psed and acted upon. in the collection Of the rsvenu.
between articles worn by neD, women and children,
and tiCes carried that articles appear To have
been understood. a. the term properly Imports In a
strict rhol gical sense rs intending mate SONS
Article Of clothing or raiuent. garment used
worn upon The Fesen aud dtinguishsb- from articles
oeIrie ufed about the person for copys,,.ur- or
-
srua b1x pure, CT lsdys fan H. carried. The con-
pec,ion' also, in which the words found In
he statute. DTns this view shows that Cosgres,
intended by the phrase indicate article used
rorD op IN the person Ihia gss act only the nsursl
IT in commercial tense
Theron MciLssd and mixers q. ~ Laer-nce The
count held that sbawls manufactured looms and in
fnps OF pieces containing several The place OF separa
tion irdiested by threads, forming. when cut tbs
fringe, and the articles actusy psrsted before i'm
ported aud in state suitable and adapted De worn
10y women and children, the person, ~ articles OF
dr.ss and at the time Of importation usuaiiy worn
and imported for that purpos. and intent came pi.hio
the description of wearing apparel pnd,r soaeiue
tf the tsrf act Of Soth July 1896 and properly
charged With duty of so per cent. Tlis shrs,eJo4y
foT The purpose delcrbia4 enti.hle astee Wa Tr
the first tine used md To be found Ia the act 1915;
ana was istredusea i,r ths pn'po.s q Describing
by any particular appslIs,oD, but by the actual use
for which they were Designed, and 10 shich they
adapted, taken in connection with the fact hat they
were made Up cr manufactured. wholly or IN part by
the tailor sesnsrsss Manufacture That Cotgr-ss
txn<t,cN,
as the tsst 20 detsrins the description ritbia whch
the duty should, ,houid not BE- charged and 20
lssve such discrimination to the test OF actual
OF the article herre the purpose for witch "
made its htness, and a5apa.on Rn article ~ dress
eno the actual use u IL are The proper subjects Of
inquiry. In detaymising whether it comes Within
clause In question: not the or dssgnation by
which IL may lie known the manufactured or iin-
porter othsrs dealing in IN. arte,. l. IN, article
wearing apparel In point Of fact made Up or manuae-
tur'd by the tailor s.smsttess, mAnufscturer 2" IL
II. question t. te determined for lhs purpose ~
"a V.F- IT AtsFH l.
their natuIai snd ordinary seuFe. ard 10 b. inter-
Tretso by the court new trial granted costs to
Saith al Lesiers-The Cours held that no rule Of
Law he'd teen violated ia the trial Of tsis caus. aud
that ne verdict was net 30 Unreasonable extrsys
CANT whom compared With tho evidence, to warrant
the conouaon that II the rOsut of mistake pas
sior or rrejudicei and that though they might differ
With the jury they could ray 10 upsu pported
by the .,idstce The court alss held that The tscls
,u forth In the sfda,i, TO lay fouad,t,on for uev
vel seitied sathsrty. New ,Iisi denied
:, Lnittd Starr a. hrs.s Deksy ard oti,rs.-1be
trial new trial was therefore denied
ycs,Ih s. Lake ID. j. { Bud aud a. P,ck-Tbs
gu.ai.n rsifed upon the demurrcrs whether bill
toik and psyabl NJ sight, entitled Co the usual
days grace The cunt rave Judgment for the plain
tks on tie 5. 4 II spd Ia counts la tn. declsrs
tiop, with leave To the defendant 60 plead 9TH vs~
and for the purpose OF trying the question OF fact
tter according to TIE custom OF BANKERS sna msr-
chants bills Of exchange drawn payable ~ sish upon
houre In the city we're entitled to the usual ssys 81
grace or we're payable ON prssentosnt The question
upon the csmurrsrs 70 the aud 10 counts 90 stand
until the n lal Ct the issues 81 fact.
~ EsvIIr. Pseihsrsirs RinsMsn and others Il The
Court hold that Paskburst The first and IN
ventor Of the Improvement In the burning but
that IL ctherwise Kinsmsn vhs ssfopysd frou contro
Ysrtipg he fact BY of The Of l Na1
is45 sno eth Feby Is4o 90 FAR o. hts obls.ou 10 40
count for the prssts OF making and vending D.ssn
ed machines was concerned under said sJr-snsn.s.
2. That the agreement OF 9Th Fsbrvsiy ls4a wssvsL
net being in restraint q trade but simply 81 arrange
meut between the parties 10 the mode Of conducting
sttre ~ ill.,,
Gle at their joint .xyeDse and for their Joint benefit
and that II legal and competent for the parties to
place IN" esclvsve ~ he Int
rect under the direction OF Of the partners That
the Cd ofke form ~ the teeth tn.
from The eullst TO the form some~hst resenbins The
Letters v Was not subetsntisi change A. u stni
broced the principle enibo lied In Fsckhuxs Improve
ment that The change was enc that rat1rsy resulted
rom the worhits q the machine, the complete PER
feeton 81 Which deysnded upon prsotlo. and export
euee; The inIEoyemeot arising cot u The change,
copsiruction Of the usohine a re assIannsnt by
rssthrrst q ALI his ntere.t In The patsat % Nsylcr
rsrthip OK entitled the ds,endsut 20 dsssiuton 81
The Injunction that had se-n previously granted In
ihr esuse The court referred the cause 20 smsster
70 take and state he partnership seeogbts tsses.n
the PARTIES. unser the srtielss Of agreement down ~
The csts Of TIE dissolution. All other qusstoss
served.
3 q Co-7-eR 81 D. a. goy-This wss . aer1arrsy
to l1 fieo under loA Of the Patent Act q 1880 which
srended and snisged the lts a the act OF 1895 Tor
ihe prrpcee Of determining whether Perry The
frtt aud original Inventor n in prove neat in ma
thuo fef making ltsd pipe ~ preDure bis pghca-
ton for ps.snt having been JsbIsi by ths Con- nile
onsr and alsc by the Chief Justice Of the District Il
Colombia On appeal Tbs Court held ihs. the Bill
vss pror,f, filed oDder the t1 Of the act of lsS9 in
,nuueccn tan the o Of the set 81 1880 aud hat the
N a the act Of 1851 sothsfizsi the assignment 81 the
invention 20 Cay before any patent ieruel thet
Cay tecsme Thereby Invested with al the rights and
Ltstssts Ct Perry therein AMI tsch the place u Perry
~ Ell the future proeeesines provided ior By the pa
ert isws ~ enable IS inventor - ptosur@ patent
sv~ct 70 the r.sioticns in the Q, q the aot Of 1857
Marcy shs application 70 BE IN the name Of ths 10
vertcr sEd ia, spcciacstion 20 L. swoxn 10 b hin
That tie fsct q the assignment Sewing been mate
sf'er N. rejscton Of the application for pat4nt b.
isrty t.tcfe the ssioneT. aid not ~fecs Tia
hdity y the insitvmsot and thst according 90 She
tsfne ~ the ~ 81 the art q iesT Il snfcisn II
tie sstenm~pt VAS recorded ~ any tlfue befors The
truibs a the latent "a the ssssnsni that any bill
va progeny tied In the ~ the sssignsr he
sioIs beibs the real party IN interest IN the sut
Hid,r 80 Getter.--tb~ court held that, under ths
order IN thu osuse Ct the 18th Nov lsis requiring
tie defendant 10 tie monthly, "a Just FULL aud true
sccount In writing Of eli iron ssfes nude With pi,sfe
OF isris &c, thereafter manufactured sold br him
or hts egents, under OATH" the accounts rendered