109 U.S. 99 (1883), King v. Gallun

Citation:109 U.S. 99, 3 S.Ct. 85, 27 L.Ed. 870
Party Name:KING v. GALLUN and another.
Case Date:October 29, 1883
Court:United States Supreme Court

Page 99

109 U.S. 99 (1883)

3 S.Ct. 85, 27 L.Ed. 870



GALLUN and another.

United States Supreme Court.

October 29, 1883

Appeal from the Circuit Court of the United States for the Eastern District of Wisconsin.

[3 S.Ct. 85] This was a bill in equity brought by Wendell R. King, the appellant, against August Gallun and Albert Trostel, to restrain them from infringing letters patent No. 152,500, dated June 30, 1874, granted to the appellant for certain improvements in baled plastering hair.

The invention and its advantages are thus set forth in the specification:

'It is found that the wants of the trade in plastering hair require it to be compressed for transportation in packages of from three to five bushels; this amount of hair forms a package of a good size to conveniently handle, weighing from twenty to forty pounds. The trade unit for the article of plastering hair is always the bushel; it is sold by the bushel or by the multiple thereof.

'Heretofore this hair has been packed in a mass of a certain number of bushels baled together, varying in amount as the order required, so that when received the retail dealer was compelled to parcel out the same and weigh it to suit his customers. This is a disagreeable and difficult thing to do, as the hair is dirty and matted together, and after it is once removed from the case into which it has been compressed by a baling press, is bulky and not easy to reduce again to a convenient package. For this convenience of the trade I propose to form the hair in small bundles of one bushel each, and unite several bundles into a bale of a convenient size for transportation.

Page 100

'I first place a bushel of hair into a paper sack loosely, or only so far packed as may be readily done by hand; several of these one-bushel packages are then placed side by side in a baling press. I use for this purpose the baling press heretofore patented to me; they are thus compressed forcibly together, so that the bale produced will be a compact, firm bale, occupying only about one-fifth of the original bulk; the paper bags which still envelop the individual bushels of the bale keep said bushels separate, and serve at the same time to protect the hair.

[3 S.Ct. 86] 'The bale, after being compressed, is tied in the usual way, and is then in shape for transporation without further covering, although it may be desirable, if...

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