Page:Federal Reporter, 1st Series, Volume 1.djvu/186

178 FEDERAL REPORTER. �with the matter, no one knows it better than the complainant, and no one was better able than she tobring to the attention of the court any other documents of or facts tending in any way to explain them. �Without this documentary evidence, there being no evi- dence as to priority of invention or want of novelty, it would have been the duty of the court to restrain both patents, unless they were conflicting and both covered the same inven- tion, and without it I should have sustained them. But this evidence serves to confirm that opinion, and shows very clearly how it occurs that in the specifications of complain- ant's patent there is a mention of the contrivance for widen- ing the board which does not appear when she states what she claims aa her invention, and also explains why it is that complainant does not attempt to assert that she is entitled to have the respondent's patent annuUed as an interference with bers. �I will sign a decree dismissing the bill. ���Von Lingen and others v. Davidson and others. �Davidson and others v. Von Lingen and others. �(District Gaurt, D. Maryland. Marcli 6, 1880.) �Charter Party — "Asonr to Sail." — The words "about to sail from Benizaf with cargo for Philadelphia," containod in a cliarter-party, held to mean, under the circuma tances of this case, to aail assoonas with reasonable diligence a cargo could be got on board. �Same— "EvERY Wat Fittbd for the Voyage." — The stoppage of a steamer for flve hours at a port in the course of her vo3'age, for the pur- pose of taking in a small quanlityot additional coal, held, under the cir- cumstancea of this case, to be no breach of a provision in the cliarter- party that such steamer was " in every way fitted for the voyage." �In admiralty. �These are cross libels filed by the charterers and ownera of the British steamer "Whickham." �The British steamer "Whickham," belonging to T. H. Da- ��� �