The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-05-06
WASH {, DAY
IN COURT
Display Of Linen Before Digt,i-
fled Federal Judges Credit
able to Laundry.
WAS IS AN IMPORTANT CASE
Question Of Similarly Packing
and Selling Undergarlrcnts
by Two Firms Involved.

The court room OF the United states
Circuit Court OF Appeals yesterday pre-
sented somewhat tho appearance Oh
3llabordashery or clothing store during
tho taking Of inventory. Mems UNDER
garments were scattered over the ran
In front of the Judges and on tables pc
fore Which the attorneys sat- ana at
various other places around tho room.
The explanation OF this unusual appear
ance is that. suit Was being argued, IN
acknowledgement of a patent for clas-
tic seam drawers was the issue inc
attorneys discoursed lcarnedly on elas.
tic seams and argued Zine points or
undertaking construction minutely. me
hearing of argument In the case con-
sumed the entire days session..
Z Circuit Judge Golf and District Judges
13rawey and Furnel sat during the day
Tho entire day was given to hearing
arguments Of counsel In the case or
Jeremiah A. Scrven ct al, appellants
VS.. North Brothers and Strauss inns
causeGof action, as commended by tho APP
pellants, arose out of the sale by the
appcllecs OF certain Undertaking. which
they made iii all respects, including the
packing, to appear like appellants UNDER
clothing, and which they sold as appel
lants every such sale constituting IN
one and tile same act unfair competition
in business with the appellants and an
upon tho trademarks OF
the appellants and upon the letters
patent belonging to the appellants under
which their drawers were made.
Tho lower court granted an injunction
against packing and selling the garments
in boxes In imitation Of the appellants
boxes, and referred the cause to a spc-
cial master for an accounting OF damages
and profits from this unfair competition:
but dismissed the bill 50 far as 1t related
to tho patents and tolthc alleged trade
marks, and to the manufacture and sale
Of the goods themselves and 1T is from
this part Of the decree the appellants
appeal.
1t is contended by counsel for the ap-
pellant that the proof shows that In the
year 1884 the appellant. j. a. Scrivcn
originated and had manufactured for him
a certain new and distinctive type or
style of mems drawers, to which he gave
the name ELASTIC Seam" and that these
drawers came to be known and were
sold as "Scrven's Drawers
Tho case was argued by Arthur V.
I3riesen, of New York. and Edward N.
Rich. OF Baltimore Md, for the appel
lants, and by w. Calvin Chestnut and
Cans ana Hannah of Baltimore, for the
appelees.
Cases in the call for to-day-No. b2i.
Nancy A. Jameson appellant VS.. Steam
tug Irene appellee From the District
Court at Baltimore, Md. To be argued
by James j. Macklin. Of New York, for
the appellant, and by Robert II. Smith,
of Baltimore, Md, for tho appellee.
No. 527 The Interstate Building and
Loan Association, appellant, VS.. Edgeficld
Hotel Company. appellee. Appeal from
Circuit Court at Charleston, S. c. TO be
argued by w. A. Wlmbish. of Atlanta,
Ga, for the appellants, and by Robert G.
Aston, OF Atlanta Ga, and n. G. Evans,
of Edgcfield, s. c., for the appellees.
Mr. w. A. Wimbsh Of Atlanta Ga,
was admitted as attorney Of the court