, 1874-06-11
THE COURTS. j.,
Decision III r.. tho Tuclx-Crcusor
Gases by Judge Drum
nOnd.


THE TuoK-oREAshn cAsEs.
Judge nru1nmond delivered q decision yostor-
| day morning In tho cascs Of Henry W. Fullor
mud j. ". Darnum against Z. 8. Yontzor mud II.
D: Goodrich which aro of great Importance,
especially III roforoneo to tho amount involved.
1lio first patont OIL device for making oreaaos
or tncks In CLOTH waa granted to Hcnry ", Full
1or iu 1850. Another patent vas granted to Isaao
uosa In 1868, aud reHsucd to Fuller in 1865
There were three ca.os decided, tho com
plaiuan!s being II. W. Fuller md J; w,
Darnun, ngainst Z. s. Yontzor In tho
first two onaca, and against Hornlnn B.
Goodrich in tho third. All woro brought
l. to restraint dcfontlantB from infringing
| pntout tacli-markcr or creaanr. THO 1os1co
consisted Of all arm and point, operated by
tho needle bar. Tho cloth was piacotl betweoi
| tho bar and point, and the bar bolng driven by
tho action Of tho 1lcc11o arm down Oh tho cloth
over Tho point, crease or sorcs Of iutlontations
woro n1ado, which, served rs n guido for making
subsequent tucks. Ono Of tho latot1tH exhibited
III tho caso obtained tho satno result by pair Of
| jaws which pinched d narrow volt or ridge In
the cloth ut tho required distance from Tho pre-
| ceiling tuok. Fuller did not invent tie notch
| application Of Tho combination. THIS
| patent, 80 far aB tt was noccssary
to considor It in the preaont case was tho device
! for crensing mud tuoking by notch and blade,
attached to tho bod plato Of tho sewing machine,
and operated by tho needlo bar. Tho result was
tho aa1nB nlso, Whether the notch wore above or
| below. ali that Fuller could claim was the par-
ticular dcyce adopted by hin1self in tho app1l-
| cation Of lis device to tue machine OthorSlBo
any rowor applied to n 1,oedlo arm which per-
formed q like work, could bo called M infringe
mcnt Of hiR pdtellt. II was right TINT prior
| patonoe should be protected, but it would bo
unaound to hold, tue Judge remarked that no
! thom to Hachino. Or apply any form tt
mechanism to tho hed-plnto md tic power OF
tue noodle bar, as the plaiutia In tho caue
c!aiu'od: They inaBted that any tucls-creasing
but this, II allowed would prevent any person
from itvonting or using q creaner which re-
sombled it IN general appearance.
Il was admitted tliat Fulorfa invoution did
neodlo-ba1s as that would inyalitlate tho Iloso
patent Iheso two phtontB covered only tho
special dovlces by which tho croaHo was
made. and though, both wore attachod to
tic bod-rlato. and were opcratcd By tho
needle bar, ,yot tho mcclnnlai. being ditferout,
they wero not the anme. BECAUSE Fuller aud
Rose had each tnyentod patent for orcasng or
tucklrg cloth, 1t did not prevent my ono ess
from il.yenting device to ctoaso cloth without
Infringing on their rights.
The Judge then reviewed the patents Of
9enzor and scates, deciding that they wero not
substantially tho aalne in their mechanism md
nodo ol forming their crcase i'll the cloth. As
to tho losc patent, aud tho question Of unity
Assignee Of ltoso. wns confined in that unity Of
adjustment substantially to tho particular
mechanism which Rose had invontod. 1t being u
method Of forming creases by particular arrange
1nents Of jnwH Which olnched the CLOTH The
words substantially IS described" mentioned
i'll Rosa'a specifications, were the essential pnrt
Of tho claim, and that qualified and limited The
claim. The snulo could be said Of Gool]rich'a
in its essential forl and mode Of mechanism
and application, different from that Of Fuller or
lsoac. Tho bills OF the complainantn were there
foro dismissed, the defentants' patents not being
infrIugomonts on thoir rights.
TILE HHAEAHAN-WE8T UABH.
A decision was rendered by Judge Drnnlmond
yesterday, III the interninnI,lo case Of Slarahan
aud West. An application had beon made before
hands Of t1e Assignee to bo paid ovor to WI,
Manning, to bo BY him paid to the creditors Of
tho firm whom he had secured. Judge Blodgett
refused tho order, aud tho case was taken
on review to Judge Drunnaond, who yoster-
Court, but with loave to Manning to make
M application in order to SHOW 1t ho
had any special equities. which might entltle
him to au order on tho Assignee to direct hin, to
pny the moneys 10 h's hauds to auch pcrsons rs
<AAAA'AAt3 AAAoA' A+%~s"
ITEMS.
Judge Blodgett has linished tie call OF the
Circuit Court calondar and il now hearing any
cnses that are ready. Ho will probably lake vi,
tllo bankruptcy calendar in a day or two.
UNITED STATES COURTS.
PHILIPPINE Sa!tinger began u suit agalnst
Qeorgep i. Gore for $4,000.
benjamin 3. Compton began O suit againBt
JGrn Ill., T NY. x9 yrs3a s}s@9G I s5 9oe s. on,nr
gan suit for <345, 900 against JOHN Y. Vina.
Tho Royal Oanat!ian Dank brought suit for
$4,000 against William NJ. Neso.
nASKnurTcY ITEMS
In the caso Of NatI4nn Davis ur ortlor was en-
torod that tho proceedings DO dismissed d;ul,loas
objections aro filed by tle 17th inst.
A discharge was entered and issuod to Raphael
J. Prins
Aasignee Of tho estate OF Anton Engobrotaen,
under bond for $4,000.
SUPERIOR COURT IN BHIKF.
Snyder & Loo begun tt suit for -, 600 aSainrt
George Il. Clarke.
TAo American Powder Company hogan an &C.
ton for 81, 600 against Joseph +. Moss.
- Davis AnsoIl sued T. II. bradley and ". B.
Oupp for 80, ,00D.
Joseph Kust brought suit in trcspass against
l' Ansti5, n IN y L. Aastn' aud 1snao JackHon
sArali !. Knott began u sut against II. L.
Picket for $4,000, and another against Samuel
]. Walkor for d lilto nmount.
". II. Horn sued r. Schroeder for 81 900.
Dancl r. Brnrt begun snt against Coorgo
r. Clarke and RenbcnP. Layton, claiming ~, ,060,
and another against ". 7. Layton alone for
50, ZOO.
Alexander Mcdonald and Alexander stowart
sued Edward N. f.ar1non for $1,000.
George Il. Clarke ant1 r. =. Layton began a
suit against Daniel Il. Brandt for $4,000.
THE COUNTY COURT.
Grant Of administration wes issued to Mario
Wiedemaln aa o1ocutrix Of tho estate Of the
Into Horny Wlotlcmann, under an approved
bond Of 'S700.
Tho glarsliana inventory Of tho estato Of
Abort Long ot al., minors, WAS approved.
ClnimA against the following eHtatos wero
allowed: Elizabeth u. Norton $35; l,ol,ort Rob-
inAor, 81, 1880; John Wilson, ai1A; NicholaH
Wllhotn f6l0; Jacob schwals. @2ll; Edward
rrice, G,1G2.43.
John Il. Thompson was appointed guardian Of
Annie Grossrcntz, undor All approved bond Of
$4,000.
tioorgo, Tappcr was appointed guardian of
AIntclna Happier, under iii approved bond Of
$1,000.