HEMPSTEAD
II.
CADWALADER.
529
LEMAIRE FEEDER CO., Limited, v. CADWALADER, Collector. (Oircuit Oourt, E. D. Pennsylvania. October 15.1889.) CusTOMS DUTIES-CLASSIFICATIOlQ"-HOOKS FOR CARDING-MAOHINES.
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Iron hooks. used in the man'ufacture of feeders for wicker cards in a cardingmachine. sharpened after being set in the cylinder, but first hammered up in the iron then struck in a die, and known to the trade, as hooks, and not as iron forgingS; are a manufactured article. within the meaning of the tari1l act, and liable to duty under paragraph 216, Tarifr Index, (New.)
At LaW. This was a suit brought by t!:-e Lemaire Feeder Company, Limited, to recover certain customs Q.upes alleged to have been improperly exacted in an importation of iron hooks used in the construction of carding,ma<'bines. They were returned as manufactures of metal, and the duty assessed-under paragraph 216, Tariff lQdex, (New,) Schedule C, in.acwith the Treasury Decisions 6798,7668, .and 8323; and the , }>laintiffprotested that they w,ere dutiable as forgings of iron at two and a haH cents per pound under paragraph 167, ld.But, upon the trial, witnesses called upon his behalf testified that the article was not known in traqe iron forging; that it was first hammered out of the iron, and afterwards pressed in a die, and subsequently sharpened, after being placed in a carding-machine by a finishing process; and that they were sold- under the name of·"hooJrs." FrankP. Prikhartj, for plaintiff. William Wilkins Carr, .Asst. U. S. Atty. , and Jofvr" R. Read, U. S. Atty., for defEmdant. By direction of the court" (BUTLER, J. ,) plaintiff suffered a nonsuit.
HEMPSTEAD et al. v. CADWALADER, Collector. (Circuit C01.lln, E. D. Penn81/lvania. April 7, 1890.) CUSTOMS DUTIES-ENTRY WITHOUT INVOIOE-STORAGE CHARGES.
'Where merchandise is entered hy appraisement without invoice. and the entry is·incomplete for want of particlilars t and is taken into the custody of the collector of the port and conveyed to a warenouse, the charges for storage and labor are legaL
At Law. This suit was brought to recover charges for cartage, storage, and labor, alleged to have been improperly collected by the collector upon certain importations of merchandise under the following .circumstances: Goods were brought to the port of Philadelphia, and entry made for immediate . consu:mption, together with an application under Rev. St. § 2859, (article 32&, General Customs Regulaiiousof 1884,) under oath to cmter v-.!2F.no.10-34 '
dutiable goods of less than $100 in value by appraisement, and also the affida\fitthitt no invoice had'beeni received of the merchandise 'described in the application. The goods were sent to the appraiser's store, and there kept'until the appraisement was made and theehtty completed; the were for. tIle labor of ha\lling1 the storage to,b9, p,a,ld,by theunportet. ,A ,protest was filed that ,under Rev. St. it th/ltimported entered .' by appraiA;ement without tflBt, under sections; 2789, 2926, 2963, merchandise, the entry 'of which may be incomplete for want of particulars, should be taken into the custody of the collector of the or store-house, and there remain port, ,nndconveyed to some 'uritil' 'the particulars wettJ by ,of 'original invoiye bY" 't\ppraisement. ' It"was cHtimed, i'n theproiest' thitt 'no charges 'by the cOllect01' 'except when incurred {or the storage oftJ;letthana.ise. or; jnvoice, and' that. they were not' wheretlle 'riletchandjSewas sentto the :United States publiC: store for'appraisementpurpos'es only,. inasmu,ch .as under Rev. St§2,955 that placewlls 'Jorapptalsement purposes' oilly, and not for the'stdtage'o'f thEl'goods; , " " , F.' for plaintiffs. ':"' . . .' W:'W:' (hrr,Asst. and J'qhn u,. S. Atty., for deferitlant. ' . 'I ·. ' · . ,
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The court, (BUTI.ER, J.,) after for sented his case, suggested ,that its view ofthe }awwas against the contena vdluntarynonsuit was' suffered." '.l -,,.,.,--...,...,..,.-.-........ , ,......,.,. LEE t1. UPSON
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(Cfrcuit Oourt, D. Oonnecticut. June 11.1890.) PATENTS POR Letter!! patent No. 365,819, July 5,1887, to Horatio Jordan, for an art of welding the ends of, :metal tubes, had partioular reflll'anoe to the manner of shaping and bending the oval or round ends of the hollow handles of steel cutlerYLso as to butweld the handles, and Inake a perfect seam, which would not 'leak. 'J.'he improvement shaping the blank so as to form at the end Qftlle tube double lips or Which were adapted to be.bent inwardly, and welding them together by gies, HeZd"tpat the Wl\S not infringed, the tl8e similar plan of turn ng the ends of the tube Inward, and but-weldIng them, SInce before the patent was issued such a plan was known and praoticed, though it was not carried out well enough to be a commercial success.
IIi 'Bill for infringement of letters patent. Edward S.Bea'ch and 'J. E. Ma'!fnadier, for complainant. JohnP. Bartktt, for defendants. , ' <
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SHIPMAN, :J:- 'This iSll; bill'iri equity wbich isbased upon the alleged ·infringement of two letters patent, theflrst being No. 365,819, dated