Page:Federal Reporter, 1st Series, Volume 3.djvu/633

 ^26 FEDERAL REPORTER. �à manufacturer of matclies, or engaged in manufacturing matches, during any part of that time, and that ail the stamps proved to have been furnished to Weedon were pur- chased by him for the use of said firm only, and used exclus- ively therefor and not otherwise, and that was known to ihe plaintiff prior to the furnishing of the stamps, which remain unpaid for ; that said Weedon was engaged in manu- facturing matches as a member of said firm of Weedon, Arm- istead & Co., and not otherwise, — then the plaintiff is not «ntitled to recover in this action against the defendants upon the bond given in evidence." �By section 3425 of the Eevised Statutes it is provided that the commissioner of internai revenue may, from time to time, deliver to any manufacturer of friction matches a suit- able quantity of adhesive stamps, such as are required in that business by law, without requiring prepayment therefor, on a ■credit of 60days, upon such security as he may deem sufficient. And the same section, by which alone the commissioner of internai revenue was authorized to deliver on credit to match manufacturers the proper stamps, allows each manufacturer to provide his own die or impression, which is to be his trade- mark until he changes it, and which he might lawfully put on articles manufactured by him, or upon articles purehased from others which he thought sufficiently well manufactured as to make him willing to sell them as his own manufacture. �The sole question, therefore, under the first prayer of the ^iefendants, is whether or not a person who is a member of r, firm engaged in the manufacture of friction matches, is a manufacturer of friction matches with whom the government may deal as such. There is no requirement of the statute that the stamps sold to a person shall be used by him indi- vidually. These stamps were sold upon the order of Weedon, receipted for by him, and used by him in his firm; his partner and himself being engaged in the manufacture of friction matches. If Weedon was not a manufacturer, neither was Armistead, nor the Company of which the firm was composed. So it appears that while a large amount of stamps were used for the proper stamping of friction matches, made and sold ����