For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER III. PERSONS ENTITLED TO PATENTS. 91(4) (D.C.) Evidence held to show prior- 91 (4) (D.C.) Evidence held to show rea- not 238 (U.S.D.C.N.Y.) Infringement 91(4) (D.C.) Evidence held not to show246 (U.S.D.C.N.Y.) For combination not 92 (U.S.C.C.A.N.J.) Cannot be granted to IV. APPLICATIONS AND PROCEEDINGS THEREON. 99 (U.S.C.C.A.N.Y.) "Disclosure" is (C) Suits in Equity. 287 (U.S.C.C.A.N.Y.) Only profits received specification.-Westinghouse Electric & Mfg. by seizing property of one.-Id. Traffic agreement by infringer with control- 109 (U.S.C.C.A.N.Y.) Additional allega- Joint infringers are jointly and severally li- Parties conspiring to infringe are not liable barred by laches.-Universal Arch Co. v. Ameri- 112(1) (U.S.D.C.N.Y.) Presumed that in-289 (U.S.C.C.A.Wis.) Suit for infringement 112(2) (U.S.C.C.A.N.Y.) Recitals conclu-294 (U.S.C.C.A.I.) Intention to apply for 112(3) (U.S.D.C.N.Y.) Failure of Patent 114 (U.S.D.C.Del.) Decision of Court of 294 (U.S.C.C.A.Wis.) Order for prelimi- 297(1) (U.S.C.C.A.Wis.) Preliminary in- 297 (2) (U.S.D.C.R.I.) Previous adjudica- IX. CONSTRUCTION AND OPERATION OF tions held to establish validity on application LETTERS PATENT. (A) In General. 157(1) (U. S. C. C. A. Cal.) Meaning given (B) Limitation of Claims. for preliminary injunction.-General Electric 297 (7) (U.S.D.C.R.I.) Alleged new matter 303 (U.S.C.C.A.III.) Refusal of preliminary 172 (U.S.D.C.N.Y.) One not pioneer held 178 (U.S.D.C.N.Y.) One not pioneer has XII. INFRINGEMENT. show authorized agreement to give license.- 967. 305 (U.S.D.C.R.I.) Preliminary injunction (A) What Constitutes Infringement. al Radio Telegraph Co. v. Atlantic Communi- | 1,097,544. 318(3) (U.S.C.C.A.N.Y.) "Profit" defined; 326 (2) (U.S.C.C.A.Conn.) Owner of other 1,138,033. 327 (U.S.C.C.A.Ohio) Interlocutory decree XIII. DECISIONS ON THE VALIDITY, CON- 328. UNITED STATES. ORIGINAL. Garment hanger bag, claims 2 and Brick arch for locomotive boiler fur- Brick for locomotive furnace arches, Brick for locomotive boiler furnace 1,178,752. Refractory wall in locomotive boiler 1,186,477. Process for hardening siccative coat- 411,454. Talking machine art, claim 1, held in- 1,197,256. 705,042. Fire escape, held not anticipated and 1,212,805. 904,494. Locomotive boiler furnace, held not in- 1,229,102. 1,255,819. 934,157. Locomotive boiler furnace, held void 1,269,134. 1,286,115. 1,299,404. 949,442. Preparation for case-hardening steel, (C. Č. A. Ill.) 290 F. 811. 990,375. Locomotive boiler, furnaces. held not infringed (C. C. A. Ill.) 290 F. 647. 1,028,582. Device for administering anæsthet- 1,316,240. 1,028,583. Device for administering anæsthet- 1,320,900. fringed (C. C. A. Ohio) 290 F. 1,342,931. 1,046,008. Brick for locomotive furnace arches, held not infringed (C. C. A. Ill.) 1,419,583. 1,063,720. Crown cork assembling machine, 1,080,381. Coin-counting machine, claim 1, held 1,090,776. Motometer, held valid and infringed Reinforced garment, claim 2, held in- Talking doll, claims 1, 2, 3, and 4, Device for administering anesthet- Device for administering anesthet- ics, claims 6 and 7, held not in- Spacer brick for locomotive furnac- Feeding attachment for cork-assem- See Subrogation. PAYMENT. I. REQUISITES AND SUFFICIENCY. INDEX-DIGEST Public Lands For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER held payable in dollars.-Marine Ins. Co. v. II. APPLICATION. PRESCRIPTION. See Limitation of Actions. PRINCIPAL AND AGENT. 36 (U.S.D.C.N.Y.) Application of payment 43 (U.S.D.C.N.Y.) On running account with- 46(1) (U.S.D.C.N.Y.) Where parts of in- See Equity, PLEADING. III. RIGHTS AND LIABILITIES AS TO (A) Powers of Agent. not authorized to sell stock owned by estate.— 106 (U.S.C.C.A.N.Y.) Charterers held For pleadings in particular actions or proceed-137(1) (U.S.C.C.A.N.Y.) Charterers I. FORM AND ALLEGATIONS IN GENERAL. 17 (D.C.) Facts should be pleaded posi- (B) Undisclosed Agency. held closed principal cannot be joined in suit for PRINCIPAL AND SURETY. VI. AMENDED AND SUPPLEMENTAL POISONS. 2 (U.S.C.C.A.Neb.) Harrison Anti-Narcotic three days' notice as to vessel hire default held PROHIBITION. 9 (U.S.C.C.A.Cal.) Evidence held sufficient See Intoxicating Liquors. to sustain conviction for unlawful dealing in narcotics.-Leon v. U. S., 384. 9 (U.S.C.C.A.Ill.) Evidence held sufficient PUBLIC LANDS. to take to jury issue of proprietor's guilt of II. SURVEY AND DISPOSAL OF LANDs of 9 (U.S.C.C.A.Wash.) Evidence held to sus- 9 (U.S.C.C.A.W.Va.) Indictment held not POST OFFICE. III. OFFENSES AGAINST POSTAL LAWS. UNITED STATES. (B) Entries, Sales, and Possessory Rights. 35(3) (U.S.C.C.A.Wash.) Residence on one (F) Swamp and Overflowed Lands. 35 (U.S.C.C.A.N.Y.) Essence of offense of60 (D.C.) Legality of patent of lands to reviewed.-Great Northern Ry. Co. v. Mc-316(1) (U.S.C.C.A.Vt.) Rule as to speed Phee, 4. not inadmissible in evidence.-Boston & M. R. R. v. Daniel, 916. Departmental decision as to ownership of improvements conclusive, unless unsupported 327 (1) (U.S.C.C.A.Mo.) Driving on track by evidence or result of error of law.-Id. without looking or listening negligence.-WaDecision of Land Department on claim of bash Ry. Co. v. Huelsmann, 165. plaintiff's predecessor to different land held not conclusive.-Id. PUBLIC. SERVICE COMMISSIONS. 7 (U.S.D.C.Ala.) Authority to make contracts as to rates not to be implied.-Mobile Gas Co. v. Patterson, 476. 22 (U.S.D.C.La.) Orders not enjoined, unless conclusively shown to be violative of Constitution.-Bush v. Texas & P. Ry. Co., 1008. PUBLIC SERVICE CORPORATIONS. See Carriers; Railroads. QUIETING TITLE. 327(1) (U.S.C.C.A.Vt.) Vermont rule as to traveler's duty to stop, look, and listen stated. -Boston & M. R. R. v. Daniel, 916. 328(1) (U.S.C.C.A.Mo.) Automobile truck Ry. Co. v. Huelsmann, 165. driver held negligent in not looking.-Wabash 330 (2) (U.S.C.C.A.Mo.) Neither open gates to look and listen.-Wabash Ry. Co. v. Huelsnor failure to give signals relieves from duty mann, 165. 346(5) (U.S.C.C.A.Vt.) Burden of proving contributory negligence on defendant.-Boston & M. R. R. v. Daniel, 916. 350 (2) (U.S.C.C.A.Vt.) Evidence as to existence of public highway held insufficient for jury.-Boston & M. R. R. v. Daniel, 916. (G) Injuries to Persons on or near Tracks. 361 (U.S.C.C.A.Minn.) Station grounds I. RIGHT OF ACTION AND DEFENSES. 4 (U.S.D.C.Va.) Suit to remove cloud from title held not proper remedy.-Steinman Devel-held exempt from statutory requirement of opment Co. v. Ritter Lumber Co., 832. RAILROADS. I. CONTROL AND REGULATION IN 52 [New, vol. 6A Key-No. Series] (D.C.) Director General suable for injuries inflicted by his employee.-Seymoure v. Director General of Railroads, 291. V. RIGHT OF WAY AND OTHER INTER- 81 (U.S.D.C.Pa.) Contract between railroad company and pipe line company granting right of way for pipe line held not ultra vires. -Central R. Co. of New Jersey v. U. S. Pipe Line Co., 983. VIII. INDEBTEDNESS, SECURITIES, fencing. Sirovy v. Davis, 60. Statutory requirement to fence tracks.-Id. Company held not liable for injury to boy in station yards.-Id. 400(4) (U.S.C.C.A.Minn.) Whether statute required fencing of grounds at station held for court. Sirovy v. Davis, 60. (B) Grounds of Appointment of Receiver. 19 (U.S.C.C.A.Or.) Court held to have had jurisdiction to appoint receiver for irrigation system, necessary to preserve security of mortgage.-Hoover v. Mortgage Co. for America, 891. II. APPOINTMENT, QUALIFICATION, AND TENURE. (B) Foreclosure of Liens and Mortgages. 194(3) (U.S.D.C.Mich.) Contract existing when mortgage was given passes under foreclosure sale as mortgaged property.-Detroit & 54 (U.S.C.C.A.Or.) Appointment for irriT. S. L. R. Co. v. Detroit, T. & I. R. Co., 549. gation system, to preserve security of mortContract held adopted by purchaser at fore-gage held jurisdictional and not subject to atclosure sale.-Id. tack by parties appearing in litigation with194(5) (U.S.D.C.Mich.) Purchaser at fore- out raising question of jurisdiction over them. closure sale held to have succeeded to contract-Hoover v. Mortgage Co. for America, 891. of mortgagor.-Detroit & T. S. L. R. Co. v. Detroit, T. & I. R. Co., 549. X. OPERATION. (F) Accidents at Crossings. 312(3) (U.S.C.C.A.Vt.) Equipment of engine with bell and whistle immaterial as to duty to sound warning.-Boston & M. R. R. v. Daniel, 916. 312(6) (U.S.C.C.A.Vt.) Statute requiring signals for "road" or "street" crossings held to refer only to highway.-Boston & M. R. R. v. Daniel, 916. IV. MANAGEMENT AND_DISPOSITION OF PROPERTY. (A) Administration in General. 90 (U.S.D.C.Mich.) Receivers, who continue to give and accept performance of personal contracts, are bound thereby.-Detroit & T. S. L. R. Co. v. Detroit, T. & I. R. Co., 549. Under order of appointment, acceptance of performance of contract by receivers held not affirmance.-Id. Are without power to cancel a contract as between the parties.-Id. INDEX-DIGEST For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER Performance of contract by receiver of party is performance by the party.-Id. 92 (U.S.C.C.A.Or.) Absence of irrigation district held not to affect agreement it should operate system without disturbing receivers' possession.-Hoover v. Mortgage Co. for America, 891. Sales (B) Separable Controversies. separable.-Allen v. Hauss, 253. 48 (U.S.D.C.Mich.) Controversy held not RETROSPECTIVE LAWS. See Constitutional Law, 194. 95 (U.S.D.C.Mich.) Are without power to cancel a contract as between the parties, but may by contract reserve right to reject.-De- See Taxation. troit &T. S. L. R. Co. v. Detroit, T. & I. R. Co., 549. VII. ACCOUNTING AND COMPENSATION. REVENUE. REVIEW. RISKS. See Appeal and Error. 199 (U.S.C.C.A.Or.) Court has discretion See Master and Servant, 206–213. to fix compensation of receiver and make it a lien on the property.-Hoover v. Mortgage Co. for America, 891. VIII. FOREIGN AND ANCILLARY RECEIV ERSHIPS. ROADS. See Highways. RULES OF COURT. SALES. 209 (U.S.C.C.A.Mass.) Local creditors See Court Rules Cited. may enforce claims against local assets in hands of ancillary receivers.-Brooks v. Smith, 33. Rights of local creditors on transfer of assets from ancillary to primary jurisdiction stated. -Id. RECEIVING STOLEN GOODS. 3 (U.S.C.C.A.N.Y.) Knowledge of theft_essential element of offense.-Wolf v. U. S., 738. 7(4) (U.S.D.C.Fla.) Indictment for possession of interstate freight, knowing it to have been obtained by fraud, held to charge no federal offense.-U. S. v. Hopkins, 619. I. REQUISITES AND VALIDITY OF 45 (U.S.D.C.N.C.) Seller . II. CONSTRUCTION OF CONTRACT. 71 (3) (U.S.C.C.A.Pa.) Seller select cars where size of cars not specified, and entitled to instruction restricting recovery to average car7(5) (U.S.D.C.Fla.) Indictment charging load not erroneous.-American Lumber & Mfg. possession of interstate freight, known to have Co. v. Atlantic Mill & Lumber Co., 632. been stolen, held good, although description 71(4) (U.S.C.C.A.Mass.) Contract vague.-U. S. v. Hopkins, 619. as to quantity construed.-International Paper Co. v. Beacon Oil Co., 45. RECORDS. 87 (3) (U.S.D.C.N.Y.) Correspondence held See Appeal and Error, 705; Criminal Law, ted.-C. H. Pope & Co. v. Bibb Mfg. Co., 581. to show sale according to first sample submit1090-1128. REFORMATION OF INSTRUMENTS. 1. RIGHT OF ACTION AND DEFENSES. 7 (U.S.C.C.A.Ohio) Equity will not aid enforcement of illegal contract.-Big Run Coal Co. v. Matthew Addy Co., 781. III. MODIFICATION OR RESCISSION OF (A) By Agreement of Parties, 89 (U.S.D.C.N.Y.) Letter as to sample after contract was closed held not to affect contract.-C. H. Pope & Co. v. Bibb Mfg. Co., 581. IV. PERFORMANCE OF CONTRACT. (C) Delivery and Acceptance of Goods. II. PROCEEDINGS AND RELIEF. 45(2) (U.S.C.C.A.Va.) Evidence of prior negotiations held not to authorize reformation of subcontract.-Stang & Mitchell v. U. S., 136.177 (U.S.C.C.A.Pa.) Embargo on shipments 45(15) (U.S.C.C.A.Ohio) Evidence held to show plaintiff intended violation of law by contract sought to be reformed.-Big Run Coal Co. v. Matthew Addy Co., 781. REMOVAL OF CAUSES. III. CITIZENSHIP OR ALIENAGE OF (A) Diverse Citizenship or Allenage in 31 (U.S.C.C.A.Wis.) Joinder of corporation in suit to determine right to stock held not to prevent removal.-Harvey v. Harvey, 653. to particular states not affecting contract containing no reference to such territory.-American Lumber & Mfg. Co. v. Atlantic Mill & Lumber Co., 632. Embargo merely suspending transportation not authorizing purchaser to cancel contract. -Id. V. OPERATION AND EFFECT. (A) Transfer of Title as Between Parties. 199 (U.S.C.C.A.III.) Passing of title depends on intention.-Meyer v. W. R. Grace & Co., 785. 200 (3) (U.S.C.C.A.III.) Title to imported peanuts held to pass to buyer in Chicago when |