The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-05-10
UNITED STATES SUPREME COURT
DECISIONS

UNITED STATES SUPREME COURT
DECISIONS.
WAsnIxGrox, May Q, 1870
The Supreme Court Of tho United States yesterday
rendered decisions follows:-
No. 2l5. Breckendorfer Faber-Error to the Cir
cult Court Tor the Southern district Of New York
Tnis bill filed 10 restrain alleged infringement
by Fabcr Improvement lead pencils consisting
IN the construction Ut pencil enlarged and recessed
at one end Tor the reception OF an eraser Tho de-
csion that In the construction Of tho pencil patented
there Is Few result in the combination OF the lead
and the eraser which will make the Improvement
claimed patcntable. When the one Is used the opera
ton the II the other did not exist II IL the
same II there were two articles tho q pencil
to hive them united in ono holder but the principle rs
the same as II they were not 80 held. The parts
claimed to be combined distinct and disconnected
and have no JOINT operation II Is also held that the
decision OF the Commissioner Of Patents on the qucs
ton whether improvement INVENTOR
l'atentabc Is not hnal but will he reviewed by the
courts Affirmed Mr.. Justice Hunt delivered the
opinion Mr Justice Strong disscnted as TO the patent
ability of the Improvement
No g31. Gar held VS.. United States-Appea from the
Court OF Caims-lt is here held that proposal or
bid made IN pursuance Of department advertisement,
and It's acceptance by the department. creates con
tract OF the force and elect il formal con-
tract had been written out and signed by the parties.
The Court Of Claims, however held tia, the contract
hot ven IN the department notice II Is here said
that the distance being gfn the number Of trips per
month 10 be made and liz time of arrival anu depart
gwen, the notice sufficient to sustain postal
contract, and il valid Reversed Mr. Justice Hunt
delivered the opinion.
No 2la New York Life Insurance Company VS.. Hcnd-
son-Error 10 the Supreme Court OF Appeals OF Vlr-
gna LIN tins case IL Is said the pcadings as well rs
the Instructions asked and refused questions OF
general alone and no federal question decided
or necessarily involved. Dismissed Tor want OF jnris
dction. Tho Chief Justice delivered the opinion. DIS
scn,ing, Mr. Justice Bradley.
No. y0s. The United States VS. Raymond, assignee In
bankruptcy Of Maybln and twelve other casesAppeals
from the Court oil Claims These number OF cises
IN which the identity Of captured cotton lost and
tho properly the different owners could Dc traced
Much oi the cotton taken for military defensive
purposes The siege OF vlcksburg and much Of 1t
stolen, destroyed and lost After the surrender or
vlksburs all that was OF any value was collected and
became intermingled, and was stored In common
mass IN this condition It was forwarded and sold by
thr Treasury agents. The Court nirms the Judgments
o the Court OF CLAIMS, sustaining the creation oil fund
out OF the m0acy alzcd Tor the cotton and dis,rbut
ns II among the claimants, as fund in trust for hat
purpose upon their establishing their claims; and
affirming the propricy of the appointment OF comm,s
sioncr 10 upon the accounts presented The Chief
Justice delivered the opinion.
No. 207 Barney, collector, VS. Watson, &c-Error 10
the Circuit Court for the southern District OF New
York-ln this case the importers paid nd yalorcm
duty certain anncls without protest, but alterward
when the Collector exaced specific duty the
goods, protest served, but until after the de-
partmenl had sustained the Collector On tho trial the
verdict nearly twice tho amount OF the specific
duty exacted, to which excess there protest.
Tho Court held that there could be no recovery except
10 the amount cororcd by the protest. and reverse
the judgment. Mr.. Justice Bradley delivered tho
opinion
No. GOT. United States vs.. KOSS-Appcal from the
Court OF CaimsI this case 1t is held that 1t Is in
cumbcnt upon claimant under the Captured and
Abandoned Property act to establish the fact that the
property captured or abandoned came into the hands
OF Treasury agent; that II was sold, ana that tho
proceeds OF the sale paid into the Treasury and
that he was the owner ana entitled to the proceeds
There be evidence connecting the receipt OF tho
properly by the Treasury agent with the payment OF
the proceeds Of that identical property into the Treas
ury. To show fund In the Treasury arising out Of
such sales In trust for somebody, anu that the claim
ants property, alter capture or abandonment came
into the hands OF Treasury agent IS not sufficient
Reversed. MIR. Justice Strong delivered The opinion
No 223 Shuey. executor Of 81 Marie, va. tho
United States-Appcai from the Court OF Clams-ln
this the Court agree with the Court or Claims
the claim OF St Marie for additional SIS 900 for SER
in experimenting Surratt, were not such as 70
title him the offered for his apprehension Tho
giving OF the information which led TO the arrest say
the Court the act Of making 1t distinct things
and were so recognized in the proclamation offering
tho reward As Marie did not make the hcrc
contract between him and the government rs 10
tue reward Bcsidcs the offer Of the rcmard was with
drawn by an order OF revocation tive months before
any information was given. Affirmed Mr. Justice
Swaync delivered the opinion
los Whitfield vs.. tinted States-Appcal from tho
Court Cains-ln is held that cotton sold
to the Confederate States during the war by resident
OF Alabama, he receiving Confederate bonds in pay
mcnt passed to the Confederate States ana became
their property, liable capture and cOnscaton by the
government Nor did II affect the transfer that the
Confederate States aftcrward became insovent The
contract executed before the insolvency, and
plctcd sales IN such cases VIII be enforced, although
OF sale in aid OF the rebellion would not be-
No. l76. United States vs.. Dickclman Appeal from
the Court oil Claims. This claim for damages by
Prussian subject for the detention OF the ship Essex
at New Orleans By the military authorities in Seplcm
her. 1862. Tho substance OF the decision Is that by
going 10 New Orleans the Essex subjected herself 10
tho operation Of martial law, and must DO content She
went there Tor gain. and voluntarily assumed all the
chances Of the into whose presence she By
awaiting herself Of the privileges granted BY the proc
lamniioa opening tho port She IN effect covcnantod
do Ia violation of the laws Of The
Of the army there, finding on board the
Essex certain articles contraband OF intended for
to promote the rebellion, directed that she should
not clear until those articles landed HIS order
law the Essex entitled 10 damages under
our treaty with Prussia or by tho general law OF
nations. Reserved with directions TO dismiss the Pc
tition. The Chief Justice delivered the opinion.
No 202 Nicholas dc las Casas, appellant. VS.. the
steamer Aabama--Appeais from the Circuit Court
Of the United States for tho southern district Of
New York. Mr.. Justice Bradley delivered the opn-
ION OF the Court reversing the decree OF tue said
Circuit Court and REMINDING causes for further
In conformity with tho opinion OF this
Court Dissenting, Mr.. Justice Clifford.
IS Charles X Tying ct al, plaintiffs In error. vs.
United States for the District ol New York.-Mr. JUS
lice Cllnord delivered tho opinion oil the Court, affirm
ing the Judgment OF the said Circuit Court in this cause
with costs
oil Frederick Robert OF al appellants, VS. The Pro.
peiior t;aa,ca. &cAppcal from the Circuit Court for
The southern district OF New YORK. Mr.. Justice Cf.
ccrcc OF the said Circuit Court. With costs. and
manng the cause with directions 10 enter decree AZ
nrmrg the decree of the District Court,
21a Steam Ferry Boat America, &c, appellants, vs..
Camden and Amboy Railroad and Transportation COM
lany ppeal the Circuit Court the Southern
district OF New York Mr. Justice Clifford delivered tho
OPINION of the court reversing the decree OF tho said
Circuit Court, with costs and remanding the Tor
further proceedings IN conformity with the opinion OF
this court.
los H. n Spencer, appellant, VS.. The United States
Appeal from the Court OF Claims. Mr.. Justice Waite
delivered the opinion Of the court affirming the udg
mcnt OF said Court OF Claims in this cause.