Page:Federal Reporter, 1st Series, Volume 2.djvu/366

 COVBLL V. PBATT. 859 �money might be a very small sum, and wholly inadequate to make his equity superior to Secombe's, if the fraud did in fact exist. The rules of pleading as to this are the same as at law, and the consideration ought to be set forth in amount in traversable form, so that the plaintiff can traverse it if he chooses, or the court see that it is adequately yaluable if not traversed. �Although this plea is apparently good in other respects, it is wanting in this and must be overruled. �Plea overruled. ���CovELii V. Pbatt and others. �{Circuit Court, -S. D. Nm York. May 7, 1880.) Patent—" Imphovbment in Machines fob Closino Sbams of Metamjo �CANS ' '— EE-ISSOTI— IMFBINGBJIBIIT. �Benjamin F. Thurston and Livingston Scott, for plaintifif. �Edward N. Dickerson and Charles C. Beamand, for defend- ants. �Blatchfobd, C. J. This suit is brought on re-issued letters patent No, 4,777, division A, granted March 6, 1872, to Edward T. Covell, for an "improvement in machines for clos- ing seams of metallic cans, " the original patent having been gi-anted to said Covell September 21, 1869, for 17 years, from September 10, 1869, and re-issued in two divisions. The specification of the re-issue states that the invention is "an improvement in machinery for closing and clamping the end- joints of sheet metal cans ; " that the invention "relates to the construction of machinery for closing, clainping and pressing down the seams, forming projecting joints at the top and bot- tom of a sheet metal can or other vessel;" and that "it con- sista, thii'd, in the use and arrangement of opposite clamping jaws or compressing plates, formed and shaped to fit upon and clamp between them the entire joint at either end of the can at one operation, in combination with a movable or stationary head plate or anvil, made to fit within the projec- ����