obtained nothing from his security. The event, therefore, showb that he was equitably justified in refusing to take the mortgaged property for his debt, which was nearly half what the debtors owed; and the arrangement made between the other creditors and the bankrupts was wholly indefensible legally as against him. The court cannot relieve the debtors from the consequences of their acts. It has been repeatedly held that transfers of property in contemplation of bankruptcy and for the purpose of preferring credo itors, are, under subdivision 9, a bar to a discharge, without reference to the lapse of time. In the Case of Kasson, 18 N. B. R. 379, the present circuit judge thus expressly beld. The qualification in the act of July 26, 1876, (19 St. at Large, 102) does not avail the petitioner, inasmuch as these assignments by way of mortgage in trust for some of the creditors were not such an assignment as by that act is not to . prevent a discharge in involuntary proceedings, since it was not an assignment of all the debtor's property, nor for the benefit of all their creditors ratably, but designedly excluded the present opposing creditor. The discharge must, therefore, be denied.
v. MAY and others.
(Oircu3t Oourt, 8. D. New York. January, 1883.)
TRADE-MARES-RIGHTS OF ALIENS-PROPERTY IN, AS AFFECTED BY ACT!! OF CONGRESS.
The fact that one is an alien does not affect his right of property in a trademark; but that fad is a necessary allegation to establish the requisite diversity of citizenship to confer jurisdiction upon a federal court. The acts of congress fortify the common-law right to a trade-mark by conferring a statutory title upon the owner, but "property trade-marks does not derive its from an act of congress." 100 U. S. 82. By the express terms of section 10 of the present act of congress the common-law :oight in trade-marks is preserved intact.
Where the demurrer was to the whole bill, Bod the bill was tn itRelf suillciertt, aside from the allegations contained in it, upon which the demurrer was taken, the demurrer was overruled.
Weiss, for complainant. Briesen It Betts, for defendants. WALLACE, J. The facts alleged in the complainant's bill entitle him to an injunction restraining defendants from the use of his trade-
NATIONAL MANUFAOTURING 00. V. MYERS.
mark, irrespective of the rights which he acquired'by the registration of his trade-mark under the act of congress of March 8, 1881. Taylor v. Carpenter, 8 Story, 458;2 Wood. & M. 1; Taylor v. Carpenter, 11 Paige, 296. The fact that complainant is an alien does not affect his right of property in a trade-mark; but that fact, as it establishes the requisite diversity of citizenship between the parties to confer jurisdiction upon this court, is indispensable to the cause of action aUaged. The act of congress fortifies the common-law right to a trade-mark by conferring a statutory title upon the owner; but, as said of a former act, (The Trade-mark Cases, 100 U. S. 82,) "property in trademarks does not derive its existence from an act of congress." The present act does not abridge or qualify the common-law right, but, by the express term of section 10, preserves it intact. The theory of the demurrer is that the complainant's statutory title upon the allegations of the' bill is invalid. It is not necessary to dAcide the questions raised, because; as the demurrer is to the whole bill, the bill is sufficient if all the allegations concerning a registration of the trade-mark were Demurrer is overruled.
See Burton v. Stratton, 12 FED·. REP..696, and note, 704-, and Shaw StQoJr,. ing 00. v. Mack, 1<1. 707, and note, .7.17
CO. and others v.
(Circuit Oourt, S. D. Ohio, W.
FOR WANT 011'
PATENTS FOR ELTY.
Reissued letters patent No. a,iln, granted to John Parkerfor an improvement in fiy-traps, held void for want of novelty. The claim of said patent to the arrangement and relation of an outer case and an inclosed cone, both made of .wire. cloth, a8 forming two otie dark, the other light, into the former of whi(1hflies are enticed by means of a bait through an entrance passage, and from which, when they dy, they naturally escape through'a narrow aperture into the upper arid better.lighted orie, from which they'are not likely toreturn through the small and darkened aperture which admitted them, held, to have been anticipated. The claim of sai4 patent to uprip;ht and horizontal stays in the Wire-cloth case and to annular and upright staYs in the wire :Coile, held to 'be to mere matters of workmanship,involving no invention.
·Reported by J, C. Harper, Esq., orthil Cincinnati bar.