Page:Federal Reporter, 1st Series, Volume 4.djvu/649

HATTHEWS V. SBOKBBEBOEB. 6<i5 �B. 807, it was decîded that a party who held stock of the banknipt, vrith a power of sale, as collateral seourity for a •certain debt which waa overdue at the commencemens of the proceedings in bankruptcy, if he exercised his power of sale «f ter the bankruptcy, had a right to retain the surplus by Vf&y oî set-off on another claim vrhich he had against the bank- rupt. �Is not the equity of Ira F. Brainard as clear as that of the «reditor In re Dow f It seems to me that it is dearer, and that to deny him the right of set-off would be sheer injustice. �And now, November 28, 1880, the exceptions filed by Ira F. Brainard to the register's report are sustained; and it is Adjndged and decreed that the set-off claimed by said Brain«  ard be allowed. ���Matthewb V. Shonkbesobb and another. {Circuit Gowt, 8. D. Nm York. , 1880.) �1. Be-Issub No. 2,386, granted October 80, 1866, for an improvement !n �bottle stoppers, held, not infringed. �2. Patent No. 44,684, granted October 11, 1864, for an iinproved method �of Btopping bottles, hdd, not infringed. �8. Claim — Constbuction. — Every daim of a patent Ig to be conetnied as though it in terma in referred to the descriptive part of the specifica- tion. �4. 8ame— Samh.— A claim for inserting a stopper through the mouth of a bottle, and thea passing it upwards till it is cloaed tight against a seat inside, must be limited to the mechanism described, baving the mode of operation described. �6. Bamb— SAnna:. — A claim to a function of mechanism, aslde from tha structure of such mechanism, is not valid. - �A. V. Briesen, for plaintiff. �G. V. N. Baldwin, for defendants. �BiiATCHFORD, C. J. This suit is brought on two patents. Oneof them is a re-issue. No. 2,886, granted to the plaintiff, October 30, 1866, for an improvement in bottle stoppers, the original patent having been granted to Albert Albertson, as ����