, 1869-05-14
THE c0URIs OF LAW ARn EQuirv.

- d. j
This IL the Inst OF the ser1es Of proceedings tn
Chanct7y to restrain the paying over OF money
Deposited ior spilst mstlea applied t9r under ne
pastnert, mns1e under tht Internal Revenue act
The other cases camF TO m end hy the reason Of
tho failure Of the equity on the alde Of the CON-
platnnnta, the mAn T1cc and MS metres having
turned mp This became separate Gaze Bill.
lngs had retired from the business OF dst,llng and
mains, upon which The case turns, whether there
was tender Of the metre 10 htm In reasonable
time after the application vas nied and the de-
Core, answered the t,!. aettuR up Just such
tender, dating II back to the 1stt day OF Deeem.
F fol he ae sun 5ties ed te o ean
The complainant produced afaaylts denstng
the tender stating thar h.s establishment was
tba1 the metre WAS not elt w1th or Tor hir1 before
that time, and that II had been since that 1!me
It would hare been wholly useless, aA he had no
aflday,t that he had Geen, even E.nce Tice came
here. notified, By the express company, Of the ar
rival Of part of the machine claine1 70 nave
On the part Of CoEBc, representing the govern
meat, the answers were sahlnltiedr 10 substance:
That application WIS 1!ed Tor mst5e ln p septsm-
b1e time and before Billings suspended operations
as dlstilleE, and Tint he had refa.ed 10 re-
Ce,te II,
On I'd rart cf IHcc, 1t VIE sd nit,ed that the
for TIT, ID then sssieA tn "a last that. N
nf9enes5 8. sna be- BE- no neuaea % and, ss0' 7tee
Is informed, it was delivered The an.
dayiis arc further to nc effect that hat, the metre
l!xy Of December, rereive., In Chicago aad ten
dtfed to billings On the 18th Then comes nfl-
q snse the etes ssle lie ~
or 10Th Of December, and were sent 70 complain
sat, were delivered 10 man in his once who was
stumbling at his desk with h.A coat on, and At work.
| 70 whom this agent ssatet The nature ot ne
package that It was 11ce metre. To this the
h sna 10 no4 nssu u9i @as IL sroup
war1i md gave Instruction as to the place Of de-
pt,als fer the metre, which waa near the office.
subsequently tast he WAS told 10 see Billig e. at
The nsh market that he might collect the chafgeA
That thefenpon he met Billings, aud Informed him
be had the Tice metreA when Billings Bald he
Mould na,s ao fse aascd that an ns eSsi
witness hight 50 and take them away. and
IS there good deal OF hrass about them sell
rany , da iii then like them away and erositeil thsm
| f01 eafc-keeptug In wacehpnse. In reply I, the
statement that notice wua TEX entE Served OF the
second no ice, g1ren in the due consfe Of business
| OF the original CONSIGNMENT and that nouc have
htcu received 10 respond To any new notice
BE- attaestd, but I claimed thai the tender lhaTina
| tetn nxde: refusal given to receive, and the dis
tillery since dlsmautieh, that Billings Is respon
E!l,le-
The Court understood the Law 70 require that a
mtt1t3.hsI he att iche tt4c metre 10 he furnished
tue d,stilit1 M md there Is . regulation Of ine Com
| missioner thsf, before the metre shall he fur
niEhch, application snalt he male for Y
| and the money shal1 he pail
In this case all this had been done, and the Nues
tton Is v htther the metre was furnished within q
| reasonable time; whether prior to It's being fu1
| ntshed Killings changed his business, or hal made
up l.s mimi 10 change It, anl. II 60, whether IT
notified tIlc PAT lies IN interest that for thai rca
sou he should not wani the metre; because this II
| WIS his duty 10 do The Court was clear that The
narty Is not Obliged to wait for an indefinite time
! On the convenience OF Ttce or Of the government
| In furnishing tho article. When man pays hi!
! money tc Ii entitled to have ITS vAluc ~thln I
rr1souaale time. The Court doubtcd the right o
the Commissioner to demand the payment o.
I money months mil months before the metre Wa!
I produced The law, evidently, contcEplatcs tina
| flc metre is ready to he furnished
| Dy con4cuf the else WIS referred f0r Mnstcf
| report On The question OF the tender and refusal
| hilltpgs denytnE that he ever had In hta emplo
any snch person rs was named, rs having receiver
| the meifS,