Hollister v. Benedict Burnham Manuf

• Decision Date: 05 January 1885
• Citation: 113 U.S. 59,28 L.Ed. 901,5 S.Ct. 717
• Parties: HOLLISTER, Collector of Internal Revenue, v. BENEDICT & BURNHAM MANUF'G Co. 1
• Court: U.S. Supreme Court

113 U.S. 59

5 S.Ct. 717

28 L.Ed. 901

HOLLISTER, Collector of Internal Revenue, v. BENEDICT & BURNHAM MANUF'G Co.¹

January 5, 1885.

[Syllabus from pages 60-61 intentionally omitted]

Asst. Atty. Gen. Maury, for appellant.

S. W. Kellogg and John S. Beach, for appellees.

MATTHEWS, J.

This is a bill in equity to enjoin the alleged infringement of letters patent No. 93,391, issued to Edward A. Locke for certain improvements in identifying revenue marks or labels, dated August 3, 1869, the appellees being assignees of the patentee and the appellant, the collector of internal revenue for the Second collection district of Connecticut.

The specification and claims, with the accompanying drawings, are as follows:

'This invention is designed more especially for use in sealing liquor casks with identifying marks or labels for revenue purposes, and in such a manner that, while truly designating the contents of the cask, or giving such other indication as may be demanded, they cannot be fraudulently removed. Fig. 1 represents a printed paper revenue stamp, the circular portion at the right hand being the stamp proper, which is applied to the cask or box, and the portion at the left hand being the 'stub,' or that portion retained by the government official. Fig. 2 represents a separate strip, which is shown in Fig. 1 as attached at its left end to the stub of the paper stamp proper, in such manner that its coupons may be readily cut off and permanently affixed to the stamp proper when the latter is secured to the cask. Fig. 3 represents a metallic piece or strip, shown as detached, and before being applied to the stamp. The main body of the sheet of paper being printed substantially as shown, so as to designate by a letter of the alphabet, or otherwise, the appropriate series, and with blanks for the particular number of each series, and also with a number indicating numbers of gallons, etc., in tens, has also a series of numbers, from one to nine, inclusive, any one of which may be punched out by the proper official, in accordance with the actual number of gallons contained in the vessel. Thus, if 126 be the proper number of gallons, and 120 be the whole number printed upon the particular stamp, the officer, in order to indicate 126, would punch through the digital number 6, both upon the circular stamp and upon its 'stub' or counter-check.

'The piece shown in Fig. 3, I prefer to make of thin metal, because more readily embossed or impressed with permanent or ineffaceable characters, and because less destructible in handling and transmission, after it shall have been torn away from the stamp. This piece (also shown in part in Fig. 1) may be conveniently made of oblong, or any appropriate form, its conditions being merely, so far as concerns its shape, that it be of sufficient size to extend beyond the opening made in the paper for the exposure of the letters and figures made on it, and be capable of being retained in its place between the paper and another backing-piece of paper, the two pieces of paper being gummed together for this purpose. This backing-piece I prepare with dried gum on its outer face, that the stamp may be always ready by merely moistening the gum for instant application to the cask. The strip shown in Fig. 2, I secure in part to the left side of the paper by gumming its remaining portion, upon which are coupons for the units, being dry-gummed on its under side, so that, when the proper number of gallons has been* deter- mined, the officer, upon cutting off the coupon at the figure designating the unit or digital number required, may, by moistening it, instantly, and without cutting or injuring the stamp, apply it to the stamp, while the stub or remaining portion of the slip will correspondingly indicate thereon just what has been so detached and applied to the stamp. Thus, to indicate 126 gallons, 120 being the whole number of the stamp, the coupon slip is cut off between the numbers 6 and 7, and the piece so cut off is moistened on the back and permanently attached to the face of the stamp, the 6 being the significant figure of the coupon.

'The mode of applying a stamp so made to a cask may be, by way of greater protection against liability to damage or accident, as shown and described in m patent No. 58,847; that is, by boring a shallow depression in the wood of the cask or case, and after affixing the stamp by its gum to the bottom of this depression, then placing over it a ring having down-turned edges, and, by pressing the same, forcing its outer edge into the wood. Or the wood may have an annular groove cut therein to receive the edge of the ring when so forced home. Instead of making the removable piece out of metal, or of making it in a piece separate from the stamp, it may be made of the same piece of paper of which the stamp is composed by simply having its outline perforated after the manner of postage stamps, but ungummed at its back, so as readily to be torn away and detached from the stamp. Although I have shown and described a lining-paper, between which and the stamp or surface-paper the metal slip is held, yet I may dispense with such lining and employ a thicker paper for the stamp, the metal strip in such case, if preferred, being confined or held to it by having its ends pass through slits made in the paper for such purpose. Or the metal piece may have points or projections at its ends or corners, or elsewhere, which may be forced or passed through the paper and clinched on the under side. For the purpose of readily separating the circular stamp from the sheet, I perforate it about its periphery with any suitable slits, cuts, or openings adapted to the thickness or texture of the paper. I also prefer to have the stamps prepared with blanks and dotted lines, on which the collector, gauger, and store-keeper may place their signatures, as shown in Fig. 1.

'It is to be understood that the metallic or other slip, the stub or check part of the stamp paper, and also the stub of the coupon piece, are all to be consecutively numbered alike for each alphabetical series, the capital letter, A, in the drawings indicating the alphabetical series, and the number immediately to the right thereof indicating a number in the consecutive numbers of such series. For convenience I prefer to have the stamps, after being printed, bound up in book form, after the manner of merchants' or bankers' check-books, so that each stamp, as cut out, shall leave in the book its corresponding marginal piece or stub, having thereon a record of letters, figures, marks, etc., according with those upon such stamps.

'I claim (1) a stamp, the body of which is made of paper or other suitable material, and having a removable slit of metal or other material, displaying thereon a serial number or other specific indentifying mark corresponding with a similar mark upon the stub, and so attached that the removal of such slip must mutilate or destroy the stamp. (2) In a paper revenue stamp for indicating the contents of a cask, and having thereon a number designing the number of gallons or other measure, providing the stamp, and also its stub or check-piece, with corresponding digital numbers, to be punched out to indicate the units, substantially as described. (3) In combination with a paper stamp having a check-piece or stub, from which it is detached when applied for use, a coupon slip, whose coupons are to be secured to the face of the stamp, as and for the purpose described.'

The following is a copy of the face of the tax-paid internal revenue stamp used by the appellant, and claimed to be an infringement of the patent:

As described by the complainant's witnesses, this stamp 'is composed of a single thickness of paper, on the face of which the number and registering marks are conveniently placed. On the back of this stamp is a piece of paper somewhat wider than the surface, on which the number and registering marks are printed. The two edges of this back-piece are caused to adhere to the back of the stamp, one above...