New-York tribune., 1895-01-08
snpREME COURT IN SESSION
LARGE NUMBER OF DECISIONS REM
DERED.
.,n,v Of DEADLY LOOKING WEAPONS ON
rxHIBIr-,MANY PATENT eAsh'-~N '''
Of THE FIDELITY BANK FAIL
1-RE-ro-pAYs CALENDAR

Washington Jan ,~ourt would dispose of the
cu.a, Trlst cases and par' u ''s "ss 80. - 80
,,srdarce which greeied ''' ~ ..,,.., 50
,h,,r after the holiday recess was ,O''p ,. !,
se''e .'...a in various ways IN the expected
persons Wleies ,,cs Fuller did read the opinion
oec!s'Oi. M case wherein the American sugar
OF the |ou rv .. was indirectly party, but it
'e'''e ,sa trust case. \ cargo OF sugar cohsisheu
-, ..er,ns company was daniaseo I" route anu
,',r,,o, was begun to locate 'he reSponS'oin.!
.hsrsfor The New-York ana foF'o n'oo 't."'''S''p ~
~ ~Ine'eio. hssan an original action in the Supreme
Nop' 49,. limited States for writ of prohibition
Coui. - chs lower court not to take jurisdiction
un s.se After reviewing the circumstances In
80 VI ,he Chief Justice announced that the Court
had denied the Nf''
' - courtroom to-day looked as If 1t might be
49,. hs,douar,ers of the boards appointed TO select
Ill arms for the Army and Navy. But it was
rn, The deadly looking weapons displayed on the
cou,sars table were models intended 10 establish
,hs claim, OF the Berdan Firearms Manufacturing
Connany against the United States for the use Of
-.,.ral Berdsn's patent for new and useful i'm
.,sr,nn,s in breech-loa ding guns The has
ssan IN TIE Court OF Claims where judgment VAS
,ivsn 10 the Berdan company Tor lo9so muskets
sr,ared nv the Government between July ?s. 1851
ts;x years before the fling OF the petion), and the
x,ra,on Of the pa;snt The company claimed that
tba Judgment should also have included 224952
,ousln,s altered between January I, 1859. and July
o. 1881 The amount allowed TO the company was
s,5 Oo4 and both the company and the United States
annealed For the Berdan company the case was
presented by George ;. boutwell, eN-secretary OF
IN. Treasury and Joseph H. Choate: for the United
states solcitor-General Maxwell appeared The ar
sument will be concluded tomorrow.
Patents and claims for infringement Of patent
rights suffered rather severely al the hands of the
Supreme Court to-day. but the case H c. & y.
Potts Co. against Frank F. Creaser e. al, ap-
pealed from the Southern District of Ohio. was an
exception The appellants Potts e. Co. patented
clay disintegrator, which they claimed Creager ei
al. infringed and suit was brought. The Circuit
Court was Of opinion hat the patent lacked novelty,
and gave judgment against Potts & Co. They APP
pealed, and Justice Brown said for the Supreme
Court OF the United States that while the devices
used by Potts & Co. in themselves might have been
anticipated by earlier patents applied to the Clay
disintegraior. they produced entirely new effect
and were entitled TO protection. The judgment Of
the court below accordingly reversed
The failure of the Fidelity National Bank. Gin
cinnat. Ohio in June. 1857. was the occasion for
suit between the German-Amercan National Bank
Of Peoria ILL.,. and the old National Bank OF Evans
VILE. Ind. which finally decided by the STU
preme Court to-day The Peoria bank sent a
draft for 1926 on a firm IN Terre Haute Ind. 10
the Fidelity bank for collection. The latter bank
forwarded IL through the Evansville bank. which
collected the money and crediied 1t TO the ac-
count Of the Fidelity bank on June q. lSS'. the day
after the Fidelity bank closed Ihe old Naeo,iai al ,s
Fidelity bark and should so into the settlemsnt
the Peoria bank brought suit against the Evans
vile bank TO recover the money In the court Pc
Evansville bank appealed; The Supreme Court OF
the United states found ,hs, The dEsf, DID no bank SG
could no, have paid the proceeds into The f1denty
bank on the day IT credited + the latter ccGnn on s TO the
Peoria bank. Judgment affrmed -. ,,s,,ra
was hooded with large lumber OF school trustee
warrants, known the Pollard warrants ,h. ars rs
esmaed that nearly @ @S,assS wsIh 4sa El ne's Clover
H Mn Ss GS.n'y ,sssr one ss
Tnsss %.i.r The ssnon Of Of
States courts 10 recover the amount TIE crGui,
Go. issS. n e Variants Sas s o
laws Of Indiana Stanton appesieas Pea ana IF the
court below thus declaring the entire Issue OF po, he
lard school warrants invalid Many s,s, o, 'nen nave
The Supreme Court today in an oPni1nr, read by Sy
Justice White armed the htb 3orbds al per-
son 10 procure policy of insurance tor resosmt
Of that state In any c9mPang Snsness noi Within its limits
under the law OF the State on that sun9ecs; claims
sro%ns owe out Of "a aesed patents
well as against claims arising under oIne, ~ ,he
nree court delivered by Justice BroTn in de,
Gliding Of Christopher g GamPne pre- ,bs Gr
cult Court OF the United States for the DISTRICT o'
Ths dav cali tomorrow will be as follows Nos
,s5 "a asnd iss ias 49, iss Cand ss0' H. 49, II" A.
THEY WANT THE ACCOUNTING SET ASIDE.
Susie NJ sturges and Peter D. Sturges. broker
have brought an action in the Supreme 'ou'
against A. Beekman Cox and william a. lamp
bell as executors OF the will Of Douglas Campneh'
for IN. purpose Of setting aside as fraudulent an
accounting Of certain interests In the oa hopPer
Farm and other real estate in this city whlch was
formerly owned by John Hopper. the uiie " "h'cn
has been In litigation for many years II Is sara
that prior to September. 1871 Mrs Sturgesi, DonE %
las campse q eersaa ana ms in the Hopper
and other properly whsh sohn hepPed s wdo% ISABEL
Beil who assigned her interest in whatever CAIN
she might have against aims, Campoen e ,9s, All his
BOOKS OF account releases and other papers, WIN
he exception OF such as may have oeen ng show
al the money he received and diSblIsea H nd
sought in this action 70 have he aegea sampIee
md full accounting OF all the money recelVea b ~
s%pbe be had and d ao yaad ia re dsned 10 the
,wer the statute Of limitations is set ur as par
id one and without justice.
SUGAR WITNESSES DEMURRER OVERRULED
Washington. Jan THE District Court Of Appeals
to-day rendered a decision Affirming the judgment |
OF Judge Cole overruling the demurrer hled by Ell
verton r. Chapman and John W. Mccartney 10 the
Indictments fOund against tnem lOt "
aver questions asked BY the Senate Sugar Trust In
gestigatlng Committee. District,Attorney biIney
said after the decision was handed Gown that ne
would bring the defendants 10 trial in about
month.
GEORGE GOULD ENTERS A DEMURRER.
Judge Beekman took his seat in the Supreme
,ourt Special Term. yesterday. sitting there on the
ssignmen. of tie Governor He takes the place
Z Judge Truax. The case OF the Soldiers Or
hans Home against George Gould, the estate of
ay Gould ana Russell Sage was heard on demurrer
Il George Gould. who is sued individually in the
proceedings for an accounting from the defendants
uscu