Page:Federal Reporter, 1st Series, Volume 10.djvu/397

BIGELOW OAEPET CO. V. DOBSON. 383 �still have to be dismissed for non-compliance with the bankrupt laws, in prosecuting the ease. In re Young, 9 Fed. Ebp. 146, beara no resemblance to this ease. �The petition must be dismissed. ���In re Henderbon. (Circuit Court, 8. D. Ohio, W. D. February 23, 1882.) �IHVOLUNTART BANKEUPTCT. �In re Henderson, 9 Fed. Rep. 196, affirmed. �On Eeview from the District Court. �Bateman d Harper, for petitioning creditors. �Follett, Hyman d Dawson, contra. �Baxteb, C. J. The decision of the district court will be affirmed, for the reasons stated by Judge Swing, as reported in Re Henderson, 9 Fed. Rep. 196. ���lilOELOW CaBPET Co. V. DoBSON.* �Habtford Cabpet Co. v. Samb.* {Circuit Court, E. D. Pennsylvania. January 27, 1882.) �l. INPRINGEMKMT— ASCERTAINMENT OV DaMAUES. �In cases of wilful inf ringement respondents ought to be held to the most rigid accountability, and no intendment ought to be made in their favor founded upon the alleged inconclusiveness of the complainant's proof of loss. Such proof ought to be interpreted most liberally in favor of complainantg, tVithin the limit of an approximately accurate ascertainment of their dais- ages. Z. Samb. �Where, in a suit for infringement of a patent for a carpet design, the evi- dence showed the quantity of complainants' carpet sold during the season of its flrst introduction, its cost, the profit upon it, the quantity of the infringing cwpet soH by respondents during the following season, and that there was a decline in complainants' sales, the measure of damage is the profits which would have accrued to complainants upon (he quantity of carpets sold by respondents. This latter quantity must, under the circumstances, be presumed to have displaced an equal quantity of complainants' carpets. �•Reported by Frank P.Prlchaicl.Bsci.. ai the Phlladelpbia bar. �v.lO,no.3— 25 ��� �