Cote's patent if Moffitt's machine of 1872 will do everything which his witnesses say it will do. Two machines for working upon thin strips or plates of sheet metal are introduced as anticipating the Cote invention,-one made by the defendant in ]867, and one patented by Pearce in lS73. These machines seized the metal between two rollers and carried it round a guide or "former," which gave it the required curve. I do not find it proved that such a guide or former would give a permanent curve to leather or leather board, nor that the single roughened toller of Cote is the equivalent, in suoh a machine, 0.£ the two rollers used in the old machines. The infringement ,charged against the defendant is in the construction and use of machines substantially like those :described in his patent of 1876. That patent describes several improvements upon' all old machines, but they seem to be additions to the Cote machine rather than total variations from it. The machines complained of have the single roughened former and the stationary mold or die of the patent in suit, and seem to me to operate in the same way, and to infringe the patent. Decree for the complainants.
GRIFFITHS and another v. HOLMES, BOOTH & HAYDENS.
(Oircuit Oourt, D. Oonnecticut.
June 27, 1881.)
RE-ISSUE No. 5,067-SuSPENSION RING FOR BUSINESS CAll:Ds-NOVELTY-VALIDITY.
Re-issued letters patent No. 5,067, granted H,:. S. Griffiths, September 24,1872, for improved suspension rings for business' cards, held, invalid for want of novelty. Complainant's device, consisting of a ring of thin sheet metal having a shank or bottom piece provided with sharp spurs, which are pushed through the card and turned down on the opposite side, held, anticipated by the Twitchell umbrella fastener, being a ring of sheet metal with spurs, which are pushed through the India-rubber band which serves to keep a folded umbrella in place, the ring attaching the end of the band to a button or hook.
In Equity. John Van Santvoord, for plaintiffs. Geo. E. Terry and J. J. Coombs, for defendant. SHIPMAN, D. J. This is a bill in equity to restrain the defendant from the infringment of re-issued letters patent of September 24, 1872, to Josephine Cary and Clementine Griffiths, assignees of Harry S. Griffiths, for an improved suspension ring for business cards, so that
they can be easily hung against a wall. The orig oOlal pate::J.t was issued'to said H. S. Griffiths, May 5, 1868. The device consists of a ring of thin sheet metal, having a shank bottom piece with sharp spurs, which are pushed through the card and turned down on the opposite· side. These spurs are made like those of the little article in common use as a paper fastener. The novelty of the patented device was anticipated by an umbrella fastener, called 'upon the trial "Twitchell's Umbrella Fastener," which was made by the American Ring Company, of Waterbury, Connecticut, for some years, beginning in the summer or fall of 18·65, and which is still in common use. This fastener is a ring of shee,t metal, with spurs, which are pushed through the India-rubber band which serves to keep a folded umbrella in place. The ring attaches the end of the band to a button or hook. The suspension ring is like the umbrella fastener, ·except that the former has a longer shank than the latter, because it is a matter of convenience that after the spurs have been fastened to the card the whole circumference of the ring should be unoccupied, 80 as to permit it to be easily slipped upon a nail. This is an obvious matter of construction, and the necessary change requires only mechanical taste and skill. Substantially the same article is used lor two objects, and the new use is quite analogous to the purpose for which the article was previously used. The bill is dismissed.
(District Uourt, D. Mas8acku86tt8. May 4, 1881.)
In the light of the usages of the port of New Bedford, the common contract to perform a whaling voyage can be terminated by either party for good cause. Information justifying a party to such a contract in concluding that the voyage had failed, and could no longer be prosecuted with success, constitutes good cause. \ 2.
By a written contract the libellant a,e:reed to proceed from the port of New Bedford to Mahe, Seychelle islands, and on his arrival there take charge of a bark and perform a whaling voyage in it, not exceeding three years in duration, and then return with it to said port; and the respondent, in consideration of the libellant's services, agreed to pay him a certain share of the net proceeds of the cargo obtained during said term. The libellant went to Mahe and took charge of the bark, and made in her an unsuccessful cruise, extending over a period of six months, when, becoming short·handed by and other;· wise, obedient to an order from the respondent he brought the vessel to New Bedford. Held, that, under the circumstances, the respondent ce.n rescind the contract.