The New York herald., 1872-11-27
UNITED STATES SUPREME COURT.

A Case Under the Statute Of Linn it D tiOns-
Reserved Lands in Iowa-Decisfons by
the COurt-Infringcment OF Patents
Lobby Services Rendered the Old Bank
Of the United States-Adjournmen for
the Term.
WASHINGTON, D. c., Nov. 20, 1872.
No. 224 Home Insurance Company vs.. Huch-
berger ct al.-Error to the Circuit Court for the
Northern District OF Illinois.-Ths was an action
on policy of insurance. There was no question
OF law involved, but only of fact, whether or not
the insured had complied with the conditions Of the
policy issued on their stock OF goods in Chicago
burned In March, 1867. 1t was also claimed that
no notice of the loss was given within the terms of
the policy. Tic Court below gave the questions to
the jury, and the verdict was Tor the insured. The
plaintiff in error insists that the Court erred in its
Instructions TO the jury upon these points and in
refusing to give certain instructions asked. They
do not, however, cite any argument The defend
ants in error file brie setting forth the charge Of
the Court and rest their case upon that.
Lyman Irumbull iOr defendants in error.
No. 27j Pipes, Guardian, &C., vs. Wittenbarger.-
Appeal from the Circuit Court for the District Of
Louisiana.-The appellant brought bill to re-
strain by injunction the appellee from proceeding
with an order OF sale which he had obtained in the
same Court in which this bill was filed against cer-
tain lands the possession OF administrator Of
the State. The question presented was, whether
the claim OF the appellee, being founded upon
certain promissory notes, was not barred by the
statute or limitations. The Court found that, de-
Quoting the time of the war, the time fixed
by the statute had not EXPIRED and the decree was
in his favor. The case was appealed but the ap-
pellant does not appear, and the appellee insists
that the appeal was taken merely Tor delay, ana
that under the rule OF the Court in such cases
damages should be allowed. I. J. Durant for
appellee.
No. 27s Williams VS.. Baker-Appeal from the
Circuit Court for tile District of IoWa-Thls was
an action by the appellee to recover certain lands
in Iowa, which, he claims, were reserved
at the time OF the act of May, 1856, max
ing grant OF lands to that State to
aid In tile construction OF certain railroads.
The appellee derived his title from OF the rail-
road companies which took title from the State,
and the appellant derives his title from the govern
ment. The question is whether the lands In ques-
ton were within the reservation and whether the
patent Of the State Is a sufficient title in the ap-
pelee The Court below found in his lavOr, but 1t is
here maintained that the grant did not extend TO
the region vi country where his ands are located.
j. Cook for appellant I. f. Wlthrow for appellee.
No 232. Leary vs. The United States-Appeal from
the Court OF ClaIms-The Claimants vessel was
chartered 10y the government for service at Port
Royal in 1883. While there she was ordered out OF
port In bad weather. against the discretion OF the
owners, and was lost by reason OF collision with
an Old anchor sunk in the harbor. BY the charter
the government waa to take the war risk and the
owners to take the marine risk, and the claim for
the value OF the vessel is based upon the theory
that the government became the construc-
tive owner OF the craft. and the risk was
Of such an extraordinary character-being
ordered hy the officers OF the govern
ment and taken under compulsion-that
1t was taken out OF the class assumed by the owner
and became a risk OF the government. The Court
below found ior the government, and that Judg-
ment Is here affirmed, the Court saying that the
possession and control OF the vessel had not passed
to the charterer under the decisions in similar
cases, but had been retained by the general owner
and that, the risk was possible collision with
sunken anchor in the harb0r, 1t was an ordinary
risk which every vessel must run which enters a
harbor, and one which every marine policy covers.
Mr.. Justice Field delivered the opinion.
No. 230. Rees vs.. Gould-Error to the Circuit
Court for the Western District Of Pennsylvania
This was an action brought BY the defendant here
to recover for an alleged Infringement OF
a patent for Improvement in steam engines.
The Court below ruled that the combna-
tion OF mechanical devices used by Rees was so
similar to that covered by the Gould patent that
the plaintiff could recover. The reverse was
claimed here and the Court sustain the theory,
saying that new patentabe inventions may
consist entirely In new combination oi
ingredients, whereby new and uselul
result Is obtained, and that In sucn
cases the description OF the invention is sufficient
II the ingredients are named their mode OF opera-
tion given and the result obtained pointed out 90
that those skilled in the art and the pubic may
know the nature and extent Of the Improvement