Page:Federal Reporter, 1st Series, Volume 8.djvu/777

ALLEN IJ.'3,183 BUSHEL8 Of POTATOES. 76^ �drawing and description are a drawing and description of the exist- ing aocumulators employed to obviate a difficulty similar in all iespects tp the difficiilty pointed ont in the early part of the speoifi'^ cation. It is truc that in the drawing and the description th'e weights are placed below instead of above the piston, but nothing is said to indioate that any part of the machine is old, pr that the invention of the patentee relates to the looality of the weights. There is an entire absence of language from the claim, specification, and drawing from which it can be gathered that the invention sought to be eecured relates to any particular part of the machine described. The patent, therefore, if valid at all, would securo the whole mechanism in it, and would exelude the public from the right to use a form of accu- mulator admitted to have been in common use prier to the date of the alleged invention. Such a patent dannot be upheld. The bill is therefore dismissed, with costs. ���AuiBN V. Thebe Thocsand One Hundbbd ai^d EiafiTY-THBEE Bush- �ELS OF POTATOES. {District Court, E. D. New York. June 13, 1881.) �1. APFKEIGHTMBNT— TRANSHIPMBNT of CABGO — lilWS — DUTIBS. �Where a vessel with a cargo ol potatoes from the British provinces went ashore on the coast of Maine, and the master, under telegraphie orders.from the shippers and consignees, sold the cargo at auction, and part of it was at once shipped in another vessel to Boston, the purchasers paying the duties; and subsequently, and before all the potatoes were delivered, the master, under advice of the agent of the insurers of the cargo, broke ofl the trade, got the potatoes that had gone f orward brought back, ref unded the amount paid at auc- tion and the duties paid, and reshipped all the sound part of the cargo in another vessel to New Tork, under a fresh bill of lading, for delivery to the original consignees there, and afterwards brought suit to recover freight and demurrage under the original bill of lading, and the amount of duties paid : �JieM, that the con tract of afEreightment was ended by the acts of the master in selling the cargo in Maine, and that he had no lien upon the potatoes trans- ported to New York for the freight and demurrage provided for in the lirst bill of lading, nor for the sums he had refunded to the purchasers in Maine for duties paid. �Scudder e Carter, for libellant. �McDaniel, Lumniis & Souther, for respondents. �Benedict, D. J. This action is brought to enforce a lien which the libellant claims to have upon a cargo of potatoes. The folio wing f acts appear ; ��� �