St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1889-01-22
LIFE OF A PATENT.
The Supreme Court Renders a De.
cisiOn of Unusual Importance.

The Supreme Court Renders De-
cision of Unusual Importance.
WASHINGTON, Jan. 2l.-The supreme
court of the United States to-day rem
dered decision in the important patent
case of the Bate Refrigerator Company,
appellant, VS.. George Hammond & Co..
appeal from the circuit court of the
United States for the district of Massa-
chusetts. BY statute of the United
States, it is provided that when a patent
is taken out i'll a foreign country, and
one subsequently is also secured in this.
country, the patent shall expire in the,
United States. with the expiration of the.
patent in the foreign country in which
it first runs out. Under the CanadiOn
law, patents are granted for five years,
with the privilege for renewal for two
periods of five years each. The ques-
ton in this case was whether the
lifetime of the American patent
expired five years from it's issuance in
Canada. OF at the end of fifteen years,
which is the limit to which the life of a
patent may be extended in Canada.
The supreme court, through Justice
United States does not expire for fifteen
y
that's to say, the lifetime of an Ameri-
can patent first taken out in foreign
country does not expire until the eX-
IRENE limit of time for which an eX-
tension of patent may be secured in a
foreign country. The court therefore
reverSes the decision of the circuit court
OF Massachusetts, and remands the case
to the lower court, with instructions to
enter decree i'm accordance with the
decree of this court. The case is re-
garded by persons interested in patents
as one of great importance. Many cleo
trical patents are affected by the de-
cision.
LET FER co, GALLAGHER.
The court also decided the case of
Gallagher against Jones, stock broker
of Salt Lake City. Gallagher was his
customer, and ordered him to sell GER
tain stocks and buy others, which he did
not do. The: supreme court of Utah
held that the broker was not obliged to
be governed by the customers order.
JUSTICE Bradley, in. delivering the opiin-
ion of the court to-day reversing the de-
and is bound to follow the directions of
his principal or give prompt notice that
he declines to continue the agency. We
think that he (Jones) was liable for all
the damages which the defendant SuS-
tanned by his refusal to change the
Stocks" The court in this decision sus-
tanned the opinion held by the New
York court of appeals in the settlement
of stocks, l. e., that the true and just
measurement of damages is the highest
intermediate value which the stock
wrongfully converted attains between
the conversion and reasonable time
after the owner had received notice OF
it to enable him to replace the stock.
Among the other decisions rendered by
the supreme court Of the United States
to-day were:
No. S66-James j. Hill, appellant, VS.. The
Chicago q Evanston Railroad Company ct
al; appeal from the United States circuit court
for the northern district of illinois. Ordered
that the motions to dismiss the appeal from
the decree of June8, 1885. be granted, and
that the motions to dismiss the appeal from
the decree of July IA, 1887, be denied.
Opinion by Justice Blatchford.
No. l63-William W.. Wade, appellant VS..
Fl enry b. Metcalf ct al; appeal from the
United States circuit court for the district of
Massachusetts. Decree affirmed with costs.
Opinion by Justice Gray.
No. I3O-James M. Seibert. collector, etc.,
plaintiff IN error VS.. The United States ex
rel. George w. Harshman; in error to the
United States circuit court for the Eastern
district of Missouri; Judgment affirmed
with costs. Opinion by Justice Field.
No. 4-Original ex parte; in the matter OF
The Farmers Loan and Trust company,
petitioners Petition for writ Of mandamus
granted. Opinion of Justice Miller.
No. 1l3-Charles Probst, plaintiff in
error, VS.. The Trustees of the Board Of Mis-
sions of the General Assembly of the Presby-
terrain Church in the United states of Ameri-
ca; in error to the supreme court of the ter
ritory of New Mexico. Judgment reversed
with costs, and cause remanded with @
direction to award new trial. Opinion by
Justice Miller.
No. 3S-John S. Prouty, plaintiff in error,
VS.. The Lake shore d Michigan Southern
Railway Company. Motion for wit OF cer-
tiorari denied. Announced by Chief Justice
No. 1851, of 1ss6-William L.. Royal.
plaintiff in error. VS.. The State Of Virginia.
Motion for writ Of execution for costs de-
MED. Announced by Chief Justice Fuller.
attempt to levy on the Richmond library
under an execution issued by the Hastings
court of the city, had resulted in the eject
ment of the one attempting to execute the
order.
No. 145s-Joseph Bryan, plaintiff in
error, VS.. The State of Virginia.
No. 1459-James P. Cooper, plaintiff in
error, VS.. The State of Virginia.
No. 1460-John McGahey, plaintiff in
error VS.. The State of Virginia. No IA 81
H. W. Ellet plaintiff in error, VS.. The state
of Virginia. No. 223-George s. Vashon,
plaintiff in error, VS.. Samuel G. Greenhow,
treasurer, etc. Motions to advance numbers
1855 1859. AGO and 146l granted, and
causes assigned for argument on the second
Monday of the next term, and No. 223 con-
tinued until that time to be heard with those
cases. Announced by Chief Justice Fuller.
No. 1152-The Hanover Fire Insurance
Company, of New York, ct al, plaintiff in
error. VS.. John Kinneard ct al; i'll error to
the United States circuit court for the dis
trict of Kansas. Dismissed for the want OF
jurisdiction. Opinion by Chief Justice
Fuller.
No. 11s4-J. W. Barton. appellant, VS.. The
United States. Appeal from the court OF
claims. Judgment affirmed. Opinion by
Chief Justice Fuller