Trustee, and others v. HAWES.-
(Circuit Court, S. D. Ohio. - - , 1880.)
In Equity. Hearing on pleadings and evidence. Suit for infringement of letters patent No. 87,359, dated March 2, 1869, issued to Henry S. Palmer, 'for an improvement in lining paper board; and re-issue No. 7,517, dated February 20, 1877. O. F. Blake, for complainants. J. Van Santevoord, for respondent. BAXTER, C. J. In the view we take this case a. discus. sion of all of the questions urged by counsel in argument is not necessary. The complainant's patent is for a combination of old and familiar devices. It is the combination that he claims as constituting his invention. It consists of an apparatus for pasting paper and other like material together. The defendant's machine employs several of the devices which enter into the complainants' combination, but it does not embrace them all, nor does it operate in the same way, and is therefore, in my opinion, not an infringement of com. plainants' invention. On this ground, and without reference to other defences, complainant's bill will be dismissed, with costs.
'XOWN OF PELlUM V. SCHOONERB. F. WOOLSEY.
THE TOWN OF PELHAM
B. F. WOOLSEY, eta.
(District Court, 8. D. New York.
July 2, 1880.)
Scudder Harter and Mr. Hotchkiss, for H. B. Kinghorn, for Terrell. CHOATE, D. J. This is So libel for wharfage against the schooner B. F. Woolsey, which belongs to this p9rt. She is a vessel engaged in commerce not confined to ports within the state of New York. After she was seized by the marshal, upon the process issued in this case, two parties appeared as claimants, each insisting that he is entitled, as owner, to bond the vessel and defend the suit. The facts respecting their several claims are not disputed. The claimant Daniel H. Terrell is conceded to have been the owner of the vessel. The other claimant is John P. Hawkins. His only title is a. bill of sale from a receiver appointed in a. suit brought and prosecuted to judgmelltin a state court; and the question is whether this transfer is valid, and has extinguished the title of Terren. The suit in which the receiver was appointed was bYouglit. under a statute of New York passed on the eighth day of