(§ 504G) of the act, of the as;;ots wllich pnss to the assignee in bankruptcy. It is not a debt or secllrity for a debt, or a right in equity, or a chose in action, or a right of action for property; nor is it a right of action for a cause of action arising from contract. It is an action of tort for the fraud and deceit, and not an on a contract." As the bankrupt was not required to inventory such a claim, and as all the reasons for setting aside the discharge are founded upon such omission, the petition must be dismissed, with costs.
BRITTON, Assignee, etc., v. Br..lmSTER and others.
(Circuit Court, S. D. New York.
November 22, 1880.)
BLATCHFORD, O. J. I have at.tentively examined the evidence in case, and the briefs of the counsel, and concur in the conclusion arrived at by the court below, and for the reasons assigned in the decision of the district judge. The controlling questions'in the case are so fully considered in that decision that I deem it unnecessary to discuss them at length. I The decree of the district court is affirmed, with costs.
NOTE. See Britton v. Brewster, 2 FED.
(Jircuit Court, S. D. New York. November 15,1880.)
Starr If Hooker, for the creditors. H. E. Howland, for the bankrupt. BLATCHFORD, C. J. I concur fully in the decision made by the district court in this case, and in the reasons assigned by that court therefor. The order made by that court April 10, 1880, was correct, and the prayer of the petition of review is denied, with costs.
See In the matter of W17liam S. (Jorwin, 1 FED. REP. 847.
QUIOKSILVES MINING CO.
OSBORN 1J. QUIOKSILVER MINING
(Circuit Court, D. California. October 12. 1880.)
1. PATENT--!:1\FRINGEMENT-QUICKSILVER FURNACES.--A patent issued to the complainants, June, 1870, for improvements in furnaces for roasting orcs, and more particularly for extracting the volatile portions of ores, from which it is only desired to save the fumes, such as cinnabar or quicksilver-yielding ores, and also for improvements in the condensers, whereby the metallic or other sulphurous vapors are rapidly and effectually refrigerated without actual contact with water, held not infringed.
2. SUm-SAME-SAME.-A patent Issued to the complainants, .July, 1871,
for an improvement in such furnaces, by substituting for the pigeonhole partitions a series of vertical arches, each lower arch receding from the one above, so that the angle would be greater than the slope at which tIle ore would lie, thUR nreventinl!' the fillinl!' uo of the passages, held not infringed. d. SAME--(''LAIM-SPECIFICATIONS.-l\. claim for an automatlCally-teCdmg furnace for roasting ores will not b6 Bustained' where the furnace described in the specifications is fed by hand at the top of the ore chamber. and no contrivance is Rhown for feeding it in any other way. 4. SAME--CONTINUOUSLY· WORKING QUICKSILVER FuRNACEs.-The application to quicksilver furnaces of 8 mode of operatioD'well known and used in other furnaces, by which ore is constantly subjected to heat. is not the proper subject of a patent.
Wheaton d Scrivner, for complainants. McAllister cf; Be1'gin, for defendant.
C. J. This is a suit in equity for an alleged infringement of three patents for improvements in quicksilver furnaces, '.held by the complainants, with a prayer that the defendant may be compelled to account for and pay over to, them the gains and profits derived from the use of the improvements, and be restrained from furtheI: infringement. One of the patents was issued to Blodgett Britton and assigned to the complainants. It is admitted that no furnace, was ever built in accordance with its specifications, and all claim for damages under it is waived. The other two patents were issued to the complainants-the first in June, 1879, the second in July 1871. The first patent is for improvements.