, 1873-07-29

h3E1tCUE NI10 AEHvOTlaLNCG OA lAG
Tin-Can Manufacture millions OF
Dollars Mt Stake.
F." :. From tbs Ne,o York Sun.
An interesting cRse, Involving millions OF dol
lars, aud reaohing to nearly overy kitchon aud
cupboard in tho civilized world, and oyory gal
Of soldier, huntor, or explorer. camo before
Judge DlatohforG, OF tho United Statos District
Court, at his last sitting.
Tho suit. which is ontitlod John ". MaHury
brought to determine whothor anybody who naay
choose to do so may make, ao, and uso tin cans,
such as arc usod in putting up condensed milk,
preserved or prepared fruits; fish, meats, vogo-
tables, &o., or whether Tint right shall 10 pos,
aoRBcd alone by tho said John ". Maaury and
Ruol1 other parties aa may, for valuable consid-
Grafton, be by him licensed to mako, sell, and
uso such cans .-.. ::
tho Oily Of Drooklyn, secured pasont for an
improvement in paint eans. Tho improvement,
1t soons, consiated mainly Of a rim or ring Of
brass or othor soft motal around tho top Of m
ordinary paint can, with: cap of thick. tin to
sprosorvo tho strength Of tho can in Its salient
OF which could bo readily cut out smoothly at
the edge. This can MI. Alasuty hna continued
to rnalIo and uao III his buatnoRs ever bince, and
other partlos Aave also mado md used it under
In tho meanwhile tho demand for tin cans has
increased enormously, an1 Innny parties, who
deny oil knowledge Of Alr. Maaury's patent have
gono into tho business OF manufacturing thom.
Homo of the mnzers claim to havo mado thom
before Masury applied forhis patont, just US they
arc now u,aking them, to-wit: with one end Of
thin tin, known as taggora tin; so called because
1t was first usod in mating tiu tugs or taggors
ury, in suit in tho United statos Court, got
decree sustaining his patent and last spring,
In another suit ngain8t Anderson, Piorco g. Co.,
ho obtained . docroo enjoining tho use Of eana
with one end mads Of tin or taggemre r. tn This lis
tho a,lppos!tion that taggers tin 'ia block-tin
rolled into tn aheets wloroas iu truth 1t IL iron
coated with tin, aB is tie case with all tnplatey
Having got this eeoree, Masury went to work
tho Borden Condensed Milk Company, and it was
understood that ho intended to mnko tho milk
companies pay him 100000, and the paint trado
another s10o,Oo0, mud thoBo engaged In canning
fruits; flsh, moats, Vegetables, etc., othor vast
sums. This, of courso e1oitod q great
commotion among the makers and uacra OF tin
cans, and as over ton millions Of cans nre made
annually, the mattor assumed formidable pro-
PORTIONS. The Borden Company alcd all oppo-
saition to tho extension Of tho patent, and So
| cured a decision tint Mnaury waB limited to an
annuluB Of thin brasR or other soft metal;" that
| Tho was not tho frat to roach tho general re-
ault,'" aud therefore " could not invoke the doo-
trno of equivalents" which means TINT tin cnns
wcro made with ontls that could DO cut out before
lia pateut was applied for, and that people who
do not infringe upon his :. nn1,'lus Of thin brnas
or other soft metal 3" can 20 on making tin cans
| dtl hditu,n.
The case against tho Borden Company came
| on before Judge B!atehforl Oh motion for an in
| junction restraining them from making or using
tho cans during tho pendoncy Of the action
MesBrs. Nlos & Dagloy, tho counsel for tho Com
pany opposed the motion on aflldaylts showing
| That tho sheet tin of commerce Ia not o soft
| metal, and that the defendants mud made their
cans with one ond Of thin or taggors tin, as thoy
| do now, since May, 1888; also thnt Boston firms
| lad douo the sanle thing since 1855 and 1857.
The Hen. William W. Niles 1nade an extended
and powerful argument for tho, defendants, and
Judge Blatchford look the papora and reserved
his decision. Tho result is looked for with ill.,
tense anxiety by those concerned, as 1t involves
largo interests in different parts Of tho country
Tho royalty demanded by tho patontoo is throe
cents a can, which would give him 100000 q
year on tho 10, 100000 cans annually naanufac-
turel, or $2 100000 for tho yeurs for which
| hs patont is o1tended. But It 1t .shal bo de-
cided that his patent docs not include taggera
tin, ho will ,be nblo to get no royalty ut oil from
tho parties who ,lse that metal in the manufac.
turo Of tloir cans. q