Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-05-29
rur noNsAck coMpANY WIS.
The Circuit Court of Appeals tie
verses the lower Tribunal

,rh.. Circuit Court of Appeals Re
verses the lower Tribunal.
The United States Circuit Court oil
A1peals begun It's spring term here yes
..-fsv with Judges Cor, Simonton, and
r....,nes on the bench. Chef-Justice Full
l.r who was expected, telegraphed that
I. could not come yesterday. but might
ID. eNpected to-day or tomorrow
parnaps the most interesting opinion
,.,e that reversing the decision OF me
circuit court Of the Western District OF
VIRGINIA ia the case Of the Bonsack Ma
chime company VS.. S. +. Hess q CO.,
which had previously been declued III
favor OF the piainuu. ,..,
r.,i4 was an action Of assumpsit ihsu-
f..f.i bv s. T. Hess & Co.. 10 recover vi
... porsack Machine Company royalties
alleged 10 have been I'D eAceSs 81 . ~
contract price paid by Hess ~ co. 10 tle
r.reaek Machine Company. The defend
ont pleaded uon-assumpst. A..
Ness a. co. leased one machine lot 'he
rrt.gf.cture Of cigarettes from the hoi-
s4.k Machine Company In the spIlne o'
ls.-. and another one in the ran OF 1857
t...4.. heyip, used stll another Tor
,tr. I- tha spring Of 16ss, the price OF
f.y.Itv for the use OF the machines pe'ub
INST at cd cents per 1000 cigarettes i'''N1
without any printing or liaae-un n ".
other matter on them, ana 90 Genus FVI
lWJ cigarettes with such pruning on
them The transactions between tn
r..rf..e 90 fhis euit began on or ABOUT
rr.~.h % 1s.7. and continued until some
t.,r. ban gautemacr. 1880. during when
rrre tho cigarettes made by Hess y 20
ON tt. machines. az the royalties aloIe
slid amounted 20 about Nho'4.oS. 'u-
Ir~ this period three contracts N0iV
made between abe parties.
Dr. WAS afterwards ect forth by Hess q
g., tnat the B0nsack company were
leasing their machines 20 the Lone-Jaeh
Cigarette Company and the W. DuNe'
S.o a co. Tor less royalty than was
f.lrg charged Hess q Co Therefore sun
was instituted. and decided IN idEoI %
mo r.4iuuN ln the district court. In re-
,,-eirs ths decree of that court the
orlr.on which is quite Ions holds mat
tt. di-trirt court erred in refusing TO
allow Inc introduction by the Bonsack
company Of certain evidence relating 10
rates given other cigarette companies
OTHER CASES DECIDED.
C.i,loos were handed down in the fol-
lowing other cases;
boston safe Deposit and Trust Com
,.nv ~ IL r.. Hudson. Jr Appeal from
he circuit court OF South Carolina. Ar
nrmed.
United states W.. william b. Tinsley.
Error 90 Circuit Court Western District
Of Virginia. Affirmed.
John s. Robinson W.. James y. pa
c6urat. Error to Circuit Court West Nir-
glnia. Affirmed
g8rsack Machine Company vs.. Hess q
O. Error 10 Circuit Court Western Dis
tr.gt Of Virginia. Reversed.
Henry X. Porter vs.. $. W Davidson,
Sheriff Error, 20 Circuit Court Western
District OF North Carolina. Affirmed.
Charles - NcConkey vs.. Peachboitom
State Company Error 20 Circuit Court
&aD land. Aarmed.
Canton Insurance Company vs. steam
ships Victory and Plymothan. Appeal
from District Court Eastern District OF
Virginia. Decree modified and remanded,
holding Victory responsible 70 fuil amount
o. her value. and Plymothian for balance
N damages caused by the collision.
wheeling Bridge and Terminal company
w. Robert H. Cochran. Error 70 circuit
Court West Virginia. Reversed and To-
handed for new trial
F'-'a - p@EIastoR va Atlantic trust