Page:Federal Reporter, 1st Series, Volume 8.djvu/169

BBOWN V. HICPS. 155 �t'hey can be easily hung against a wall. The orig aial patent was issued to said H. S. Griffiths, May 5, 1868. The device consista of a ring of thin sheet metal, having a shank or bottom piece pfovided with sharp spurs, which are pushed through the card and turned down on the opposite aide. These spurs are made like those of thelittle article in common use as a paper fastener, The novelty of the pat- ented device was anticipated by an umbrella fastener, called upon the trial "Twitohell's Umbrella Fastener," which was made by the American Eing Company, of Waterbury, ConneCticut, for some years, beginning in the suihmer or fall of 1865, and which is still in eom- mon use. This fastener is 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 attaches the end of the band to a button or hook. The suspension ring is like the umbrella fastener, except that the former bas 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, fio as to permit it to be easily slipped upon a nail. This is an obvions matter of construction, and the neoessary change requires only mechanical taste and skill. Substantially the same article is used ior two objects, and the new use is quite analogous to the purposo for which the article was previously used. The bill is dismissed. ���BrOWN V. HlOKS. {District Court, D. Massachuietts. May 4, 1881.) �1. BaisciBSioif— Ubagb — GtoOD Causb. �In the light of the usages of the port of New Bedford, the common contract to perfonn a whaling voyage can be tenninated by either party for good cause. Information justifying a party to such a contract in concludingthat the voyage had failed, and could no longer be prosecuted with success, constitutes good cause. \ �a Same— CoNTBACT— CoRSTRUCTioN — Usage. �By a written contract the libellant agreed to proceed from the port of New Bedford to Mahe, Seychelle islanda, and on hia arrivai there take charge of a bark and perform a whaling voyage in it, not exceeding three years in duration, and then retum with it to said port ; and the respondeat, 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 desertion and other- wise, obedient to an order from the respondent he brought the vessel to New Bedford. Held, that, under the circumstances, the respondent cen resciud the contract. ��� �