The Federal Reporter. Volume 4: Cases Argued and Determined in the Circuit and District Courts of the United States. October-December, 1880. Page: 85
xiv, 928 p. ; 23 cm.View a full description of this legislative document.
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BENEDICT & BURNHAM MANUF'G 00. V. HOLLISTEL e
or other suitable material, and having a removable slip of metal
or other material, displaying thereon .a serial number or other
specific identifying mark corresponding with a similar mark
upon the stub, and so attached that the removal of such slip
must mutilate or destroy the stamp." The stamps which were
sold and used prior to the date of this bill and since the date of
said letters patent, by the defendant, as a collector of internal
revenue in the state of Connecticut, and which were furnished to
him by the commissioner of internal revenue for the purpose
of being affixed to packages of distilled spirits to denote the
payment of tax thereon, are made as follows: The body of
the stamp is composed of a piece of paper of one thickness,
upon which is impressed the printed matter of the stamp.
A strip of blank paper is attached to the outside edges of the
back of the body of the stamp. This strip is about one-third
of the length of the body of the stamp, and is of the same
width. When the stamp is to be used it is placed upon that
part of the head of a barrel which has been previously cov-
ered with paste, is secured to the barrel, by tacks, is vr-
nished,,and cancelled by a stencil plate., "When the barrel
goes from the distiller or owner to the rectifier, the portion
over the.blank strip, and which is not attached to the barrel
in consequence of the intervention of the strip, is out out and
is preserved by the revenue otfficer. This portion has upon
its face identifying marks corresponding with similar marks
upon the stub. It is cut out so that the evidence that the
tax upon the contents of the barrel has been paid may be
preserved, and so that the stamp may be effectually destroyed
and be rendered incapable of subsequent use upon another
package. This kind of stamp has been used by the internal
revenue bureau since January, 1876, and has been an effica-
cious preventive of fraud. The stamps previously in use did
not accomplish this most important result.
The principal question in the case is that of infringement.
The objects of the two devices are the same. Upon a
narrow construction of the specification and claim, the plain-
tiff's stamp is of a single thickness of paper gummed upon
the back, except as to the part which is to be torn or out out.
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Boyle, Peyton. The Federal Reporter. Volume 4: Cases Argued and Determined in the Circuit and District Courts of the United States. October-December, 1880., legislative document, 1881; Saint Paul, Minnesota. (https://digital.library.unt.edu/ark:/67531/metadc36333/m1/99/: accessed July 18, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.