Stat. 1762 For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER TREATIES. Great Britain, 1924, May 22, art. 2, § 3, 43 Great Britain, 1924, May 22, art. 3, 43 ALABAMA. LAWS. 364 231 473 Art. 16, § 7 419 19 (U.S.C.C.A.N.Y.) Tug leaving tow at pier not negligent, in not warning against grounding at fall of tide.-The N. Y. Marine No. 3, 7 F.(2d) 608. TRADE-MARKS AND TRADE-NAMES 1. MARKS AND NAMES SUBJECTS OF (U.S.D.C.N.Y.) Law of trade-marks is part of law of unfair competition.-Parker Pen Co. v. Finstone, 7 F. (2d) 753. 17 (U.S.D.C.N.Y.) Trade-mark for fountain pen, consisting of red body portion and two black ends, held invalid.-Parker Pen Co. v. Finstone, 7 F. (2d) 753. 21 (U.S.D.C.N.Y.) Mark common to trade cannot become valid trade-mark.-Parker Pen Co. v. Finstone, 7 F. (2d) 753. Priority is fundamental to operation of exclusive appropriation.-Id. II. TITLE, CONVEYANCES, AND CON- 26 (U.S.D.C.N.Y.) Mere adoption of trademark does not establish its validity.-Parker Pen Co. v. Finstone. 7 F. (2d) 753. 50731 (U.S.C.C.A.N.Y.) User of trade-mark 322 "Gold Medal" as applied to pancake flour may enjoin similar use by one who had long used mark for raw wheat flour.-France Milling Co. v. Washburn-Crosby Co., 7 F. (2d) 304. 18(6) (U.S.C.C.A.Mo.) Defendant in action for breach of contract held not estopped by stipulation to assert particular defense.G. Amsinck & Co. v. Springfield Grocer Co., 7 F. (2d) 855. SUPPLEMENTARY PROCEEDINGS. See Execution, 409. SURETYSHIP. See Principal and Surety. TARIFF. See Customs Duties. TAXATION. See Customs Duties; Internal Revenue. VIII. COLLECTION AND ENFORCEMENT (C) Remedies for Wrongful Enforcement. THEATERS AND SHOWS. G (U.S.D.C.Conn.) Statute requiring registration of films before exhibition of pictures enacted under police power.-Fox Film Corporation v. Trumbull, 7 F. (2d) 715. 2 (U.S.D.C.Conn.) Censorship provision of film statute held not to vest "arbitrary power" in commissioner; "discretion."-Fox Film Corporation v. Trumbull, 7 F. (2d) 715. Arbitrary power not given commissioner by authority to revoke registration of immoral film.-Id. 68 (U.S.C.C.A.) Agreement of company with monopoly of sale of film to abstain from actual competition with picture makers, held to constitute "unfair competition."-Eastman Kodak Co. v. Federal Trade Commission, 7 F.(2d) 994. 70(1) (U.S.C.C.A.Pa.) Use of display card of clothing manufacturer by seller of hats held unfair competition.-Rosenberg Bros. & Co. v. Elliott, 7 F. (2d) 962. 70(1) (U.S.D.C.N.Y.) Mere size of fountain pens, with color combinations, held not to entitle plaintiff to protection.-Parker Pen Co. v. Finstone, 7 F.(2d) 753. 71 (U.S.D.C.Mich.) Automobile body manufacturer held entitled to restrain defendant from using phrase "All-Steel" on its automobile bodies and advertising.-Edward G. See Collision; False Imprisonment, 6; Budd Mfg. Co. v. C. R. Wilson Body Co., 7 Negligence, 1-104. TORTS. F. (2d) 746. For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER 73(1) (U.S.C.C.A.N.J.) No unfair competition in use of label with same trade-mark. Beech-Nut Packing Co. v. P. Lorillard Co., 7 F.(2d) 967. 76 (U.S.D.C.N.Y.) Circumstances held not to justify relief to defendant for letters written to trade by plaintiff.-Parker Pen Co. v. Finstone, 7 F. (2d) 753. 77 (U.S.C.C.A.N.Y.) Competitor must not use deceit in taking away customers of another.-Ely-Norris Safe Co. v. Mosler Safe Co., 7 F. (2d) 603. Defendant's false representation that safes contained explosion chamber held unfair competition, and actionable.-Id. (C) Actions. 802 [New, vol. 8A Key-No. Series] (U.S.C.C.A.) Federal Trade Commission not a court.-Eastman Kodak Co. v. Federal Trade Commission, 7 F. (2d) 994. 86 (U.S.C.C.A.N.Y.) Owner of mark held by laches to have lost right to enjoin use by another in noncompetitive business.-France Milling Co. v. Washburn-Crosby Co., 7 F. (2d) 304. 97 (U.S.C.C.A.Pa.) In absence of damages capable of computation, relief confined to injunction.-Rosenberg Bros. & Co. v. Elliott, 7 F. (2d) 962. 101 (U.S.C.C.A.Pa) In absence of damages capable of computation, relief confined to costs. -Rosenberg Bros. & Co. v. Elliott, 7 F. (2d) 962. V. TRADE-MARKS AND TRADE-NAMES ADJUDICATED. "All-Steel,"-Edward G. Budd Mfg. Co. v. C. R. Wilson Body Co. (D.C.Mich.) 7 F. (2d) 746. "Gold Medal."-France Milling Co. v. Washburn-Crosby Co. (C.C.A.N.Y.) 7 F.(2d) 304. TRADE UNIONS. 4 (U.S.C.C.A.Ohio) Negotiations for adjustment of wage scale held not equivalent to lockout, warranting refusal of admission to local union.-Local Union No. 65 of Amalgamated Sheet Metal Workers' International Alliance v. Nalty, 7 F. (2d) 100. Local union required to inform applicant with transfer card, who had been refused once, that subsequent offer to accept him was unconditional.-Id. TRIAL. See Costs; Criminal Law, 622–901; Jury. VII. INSTRUCTIONS TO JURY. 260 (8) (U.S.C.C.A.Mass.) Refusal of reheld not ground for complaint, in view of charge quested charge on negligent speed at crossing given.-Boston & M. R. R. v. Card, 7 F. (2d) 428. X. TRIAL BY COURT. (A) Hearing and Determination of Cause. 384 (U.S.C.C.A.Idaho) On conflicting evidence, refusal to dismiss not error.-Bunker Hill & Sullivan Mining & Concentrating Co. v. Polak, 7 F. (2d) 583. XI. WAIVER AND CORRECTION OF IR- 419 (U.S.C.C.A.Idaho) Overruling motion for nonsuit waived by subsequently adducing Concentrating Co. v. Polak, 7 F. (2d) 583. testimony.-Bunker Hill & Sullivan Mining & UNFAIR COMPETITION. See Trade-Marks and Trade-Names and Unfair 9 (U.S.C.C.A.Ohio) Member of trade union has action at law for damages on wrongful exclusion or suspension.-Local Union No. 65 of Amalgamated Sheet Metal Workers' International Alliance v. Nalty, 7 F. (2d) 100. Member refused admittance to local union See Trade Unions. had no duty to go to another city to secure work in mitigation of losses.-Id. Instruction in suit for refusal of admission to local union held erroneous.-Id. 9 (U.S.D.C.Ky.) Service of process on local chairman and member of international union held insufficient to give court jurisdiction.Christian v. International Ass'n of Machinists, 7 F. (2d) 481. Unions cannot be brought before court save by service of process on a direct representative.-Id. Service of process on president of subordinate labor federation held insufficient to confer jurisdiction on principal federation.-Id. Service of process on president of labor federation held sufficient to give court's jurisdiction of federation.-Id. Suit for violation of Anti-Trust Act against labor unions held properly brought in district where wrong complained of was committed.Id. UNIONS. UNITED STATES. See Army and Navy. I. GOVERNMENT AND OFFICERS. 522 [New, vol. 19A Key-No. Series.] (U.S.D.C.Mass.) Government restrictions on loading coal held not to excuse charterer's delay in furnishing cargo.-U. S. v. Warren Transp. Co., 7 F. (2d) 161. 522 [New, vol. 19A Key-No. Series] (U.S.D.C.N.Y.) Failure of libelant to disclose that United States was undisclosed principal held not to preclude suit against Fleet Corporation.-Stewart v. U. S. Shipping Board Emergency Fleet Corporation, 7 F.(2d) 676. Emergency Fleet Corporation not immune from suit because stock thereof owned by United States.-Id. Suit held properly brought against Emergency Fleet Corporation without making United II. PROPERTY, CONTRACTS, AND LIABIL- 57 (U.S.C.C.A.Mo.) Property of government, constructed for war use, held to come under control of Secretary of War.-Weeks v. Goltra, 7 F. (2d) 838. 77 (U.S.D.C.Va.) Liability against United States in personam, where its ship under charter, if privately owned, would have been liable in rem to shipper.-The Moosabee, 7 F. (2d) 501. IV. CLAIMS AGAINST UNITED STATES. . agreement for services be cloak for additional interest.-M. Lowenstein & Sons v. BritishAmerican Mfg. Co., 7 F.(2d) 51. (B) Rights and Remedies of Parties. 113 (U.S.C.C.A.N.Y.) Defense of usury must be proved by party asserting it.-Philadelphia Warehouse Co. v. Seeman, 7 F. (2d) 999. 117 (U.S.C.C.A.Conn.) Must be established by more than mere inference by party asserting it.-M. Lowenstein & Sons v. BritishAmerican Mfg. Co., 7 F. (2d) 51. VENDOR AND PURCHASER, VENUE. 93 (U.S.C.C.A.Del.) "Debts" of United See Sales. States, which Congress has power to pay, include claims resting only on equitable or honorable obligation.-U. S. Sugar Equalization See Criminal Law, 113. Board v. P. De Ronde & Co., 7 F. (2d) 981. 110 (U.S.C.C.A.N.Y.) United States not lia VERDICT. ble for interest on property wrongfully held See Criminal Law, 878. VESTED RIGHTS. V. ACTIONS. 125 (U.S.C.C.A.Mo.) Suit against Secretary of War and others to require return of property to plaintiff held to be in fact against government itself, and plea of immunity should have been sustained.-Weeks v. Goltra, 7 F. (2d) 838. 125 (U.S.D.C.Mass.) United States in litigation assumes character of sovereign or that of contractor.-U. S. v. Warren Transp. Co., 7 F. (2d) 161. United States, when sued as contractor, not held liable for acts as sovereign.-Id. United States, if sued as contractor, liable only as any other defendant.-Id. 126 (U.S.D.C.Mass.) Rights of United States suing to enforce rights under business contract measured by those of private individual.-U. S. v. Warren Transp. Co., 7 F. (2d) 161. 133 (U.S.D.C.Mich.) Laches not applicable against government.-U. S. v. Ali, 7 F. (2d) 728. USURY. 1. USURIOUS CONTRACTS AND TRANSACTIONS. (A) Nature and Validity. WAR. 10(1) (U.S.C.C.A.N.Y.) War does not affect the relations of the parties to an executed contract.--Zimmerman v. Hicks, 7 F. (2d) 443. 10(2) (U.S.C.C.A.N.Y.) War merely suspends remedies available under executed contract.-Zimmerman v. Hicks, 7 F. (2d) 443. 12 (U.S.C.C.A.Cal.) Evidence sufficient to show demand by American depositor for money in German bank.-Miller v. Humphrey, 7 F. (2d) 330. Bank, telling depositor that it availed itself of privilege of moratorium, not entitled to object that demand for payment was oral.-Id. Depositor in sons' names in German bank not estopped from asserting ownership by peti tion to Secretary of State, joined by sons.-Id. Depositor in German bank not guilty of laches in failing to institute suit against Alien Property Custodian before July, 1921.-Id. Interest on deposit in German bank properly allowed at rate agreed by bank from refusal of payment to United States' entry in war.-Id. Interest on deposit in German bank, which refused to authorize payment from funds on hand with Alien Property Custodian at depositor's request, properly assessed according to law of California.-Id. State of war with Germany actually existed from April 6, 1917, until July 2, 1921; "alien enemy."-Id. 2 (2) (U.S.C.C.A.N.Y.) Loan of credit held governed by laws of state of Pennsylvania.Philadelphia Warehouse Co. v. Seeman, 7 F.12 (U.S.C.C.A.N.Y.) Language of rep (2d) 999. 12 (U.S.C.C.A.N.Y.) Corrupt intent, by person who takes security, to secure an illegal rate of interest, necessary to taint loan with usury. -Philadelphia Warehouse Co. v. Seeman, 7 F. (2d) 999. 15 (U.S.C.C.A.Conn.) Definite agreement to pay more than legal rate necessary.-M. Lowenstein & Sons v. British-American Mfg. Co., 7 F. (2d) 51. 28 (U.S.C.C.A.N.Y.) Greater discount may be charged for loan of credit than prescribed rate of interest without contravening usury law. Philadelphia Warehouse Co. v. Seeman, 7 F. (2d) 999. Loan of credit held not void for usury.-Id. 34 (U.S.C.C.A.Conn.) Mortgage on manufactory, though covering personalty is real estate mortgage and usury statute held to apply. -M. Lowenstein & Sons v. British-American Mfg. Co., 7 F. (2d) 51. 53 (U.S.C.C.A.Conn.) Mortgage "bona fide" within exception to usury statute, though made to Alien Property Custodian was what counted.-Becker v. Miller, 7 F. (2d) 293. Evidence held to show that plaintiff's statement to Alien Property Custodian that money was held for alien brother or company was not voluntary.-Id. Evidence held to show that "saving" realized from sale of tungsten during war was not held by plaintiff for benefit of alien brother or his company.-Id. 12 (U.S.C.C.A.N.Y.) Relation between American depositor and foreign alien enemy bank depositary held relation of debtor and creditor; debt becoming due on "demand."Zimmerman v. Hicks, 7 F. (2d) 443. Declaration of war held not equivalent to demand by American depositor upon alien enemy depositary bank for payment of account on deposit.-Id. Decree limiting to defendant foreign depositary bank, as offset, its balance in hands of American depositor, as of date of declaration of war against Germany, held error.-Id. Payment into Austrian court by Austrian de For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER positary bank, during war, of kronen due under time charter, for use of libelant's pier. American depositor, held to extinguish latter's demand, in view of Austrian law.-Id. 33 (U.S.C.C.A.N.Y.) War between United States and Germany ceased on July 2, 1921.Zimmerman v. Hicks, 7 F. (2d) 443. 34 (U.S.C.C.A.N.Y.) Versailles Treaty held not to affect nor relate to claims of American depositor against German or Austrian bank.Zimmerman v. Hicks, 7 F. (2d) 443. WAREHOUSEMEN. 30 (U.S.C.C.A.N.Y.) Storage company held not entitled to lien against shipment for charges due from consignee in respect of prior merchandise stored.-In re Taub, 7 F. (2d) 447. WATERS AND WATER COURSES. 67 (U.S.C.C.A.Idaho) Mining companies may not without liability poison streams.Bunker Hill & Sullivan Mining & Concentrating Co. v. Polak, 7 F.(2d) 583. Preferential right of mining companies gives them no right to pollute streams.-Id. 77 (U.S.C.C.A.Idaho) Complaint for pol lution of stream held to show concert of action by mining companies joined as defendants.-Bunker Hill & Sullivan Mining & Concentrating Co. v. Polak, 7 F. (2d) 583. 17 (U.S.D.C.N.Y.) Ship, using libelant's dock under charterer's contract with libelant for specific price, held not liable to anything but fair and reasonable value of service rendered by libelant.-The Capitaine Faure, 7 F. (2d) 131. Owners of privately owned wharf were not bound by any rates fixed by statute.-Id. 18 (U.S.D.C.N.Y.) Maritime lien will arise for wharfage furnished to ship at request of any one authorized to bind ship.-The Capitaine Faure, 7 F.(2d) 131. Contract for use of wharf could not bind ship, unless party contracting had authority to bind ship.-Id. Use of reasonable diligence to ascertain authority of charterer to make contract for ship for use of pier held imposed upon owner of pier. Id. Maritime lien held not created against ship -Id. WILLS. VI. CONSTRUCTION. (H) Estates in Trust and Powers. 674 (U.S.C.C.A.Md.) Will held not to create spendthrift trust.-Dudley v. Tucker, 7 F. (2d) 118. 674 (U.S.C.C.A.Mo.) No particular form of words necessary to create restriction on power of beneficiary to enjoy trust property.-Jones v. Harrison, 7 F. (2d) 461. Courts will give effect to plain intent to restrict beneficiary's enjoyment of trust property. -Id. Will held to manifest testator's intention to place trust property beyond power of his son to alienate or his creditors to seize.-Id. See Evidence. WITNESSES. I. ATTENDANCE, PRODUCTION OF DOCUMENTS, AND COMPENSATION. 29 (U.S.C.C.A.Wash.) Mileage traveled within district by witnesses voluntarily coming from out of state properly taxed.-Pacific S. S. Co. v. Sutton, 7 F. (2d) 579. II. COMPETENCY. (A) Capacity and Qualifications in Gen eral. 52 (7) (U.S.C.C.A.Cal.) Wife of defendant not_competent witness for him.-Fasulo v. U. S., 7 F. (2d) 961. (D) Confidential Relations and Privileged Communications. 206 (U.S.D.C.Wash.) Testimony as to conversations, though confidential, heard by wire tapping, not inadmissible.-U. S. v. Olmstead, 7 F. (2d) 760. III. EXAMINATION. (A) Taking Testimony in General. 240(2) (U.S.C.C.A.Wis.) Permitting lead7 F. (2d) 867. ing questions discretionary.-Arnold v. U. S., (B) Cross-Examination and Re-Examina tion. 267 (U.S.C.C.A.Wis.) Extent of cross-examination discretionary.-Arnold v. U. S., 7 F. (2d) 867. CON IV. CREDIBILITY, IMPEACHMENT, TRADICTION, AND CORROBORATION. (B) Character and Conduct of Witness. 337 (4) (U.S.C.C.A.Cal.) Cross-examination of accused as to going under various assumed names and having been in jail not error.Paine v. U. S., 7 ř.(2d) 263. 340(3) (U.S.C.C.A.Wash.) Female witness cannot ordinarily be impeached by an attack on her character for chastity.-Conner v. U. S., 7 F. (2d) 313. Refusal to allow defendant to impeach female witness by attack upon her chastity held not erroneous.-Id. WORDS AND PHRASES. "Acid converters."-United Verde Copper Co. v. Peirce-Smith Converter Co. (U. S. C. C. A. Del.) 7 F. (2d) 13. "Acts within scope of agent's authority."Burden v. Robertson (U. S. C. C. A. N. Y.) 7 F.(2d) 266. "Actual cash paid in."-Union Petroleum S. S. Co. v. Edwards (U. S. C. C. A. N. Y.) 7 F. (2d) 301. "Aggregation."-Line Material Co. v. Brady Electric Mfg. Co. (U. S. C. C. A. Conn.) 7 F. (2d) 48. |