Page:Federal Reporter, 1st Series, Volume 3.djvu/232

 THE COLLIKS 00. V. 00E3. 325 �gîven, the plaîntiffs conld not treat it as ended upon the facta alleged, and a fortiori when the deed itself provides the method. �The court has jurisdiction of the parties, as well as of the subject-matter, and if the complainants merely wish to try the real question, whether certain deviees belong to them, it can as well he done by a bill for an account under the agreement as in any other mode ; but the frame of the bill, at present, will not raise this issue, �Deinurrer sustained. ���Thë Collins Company v. Ooes and others. [Circuit Court, D. Massachusetts. July 24, 1880.) �1. Patent — Re-tsbxib No. 6,294 of No. 50,364 Sustained — Monkbt. WKENCHES — COMBINATION — Additioh op Not to Coes' Wrbnch. �LowEXL, C. J. This suit is hrought upon the second re-issue, iNo. 5,294, February 25, 1873, of a patent issued to Lucius Jordan and Leander E. Smith, in 1865, No. 50,364. The first re-issue is not in evidence, and the propriety and reg- ularity of the second is not attacked. �The invention relates to wrenches having a movable jaw, commonly called monkey- wrenches. Loring Coes, one of the defendants, made and patented the great improvement in these tools more than forty years ago, and his wrenches have Buperseded the older forms, and are familiar to ail maehin- ists. He arranged a rod parallel to the main bar, and upon this rod worked the movable jaw by means of a rosette, which did not move up and down, but remained constantly in a convenient position, close to the thumb of the operator. �Coes made a plate of iron, called the step plate, which fitted over the main bar, and projected on one side to receive the rod which was pivoted into it. On the side towards the hand this step plate had a recess, operating as a ferrule, to receive the wooden handle or sleeve, which was shipped over �T.3,no.4 — 16 ����