Page:Federal Reporter, 1st Series, Volume 6.djvu/517

 WARING V. JOHNSON. 505 �the bottom of such stub leaf, with perforations between the check and the stub leaf for detachment of the check ; and the place of recording the particulars of the second one of every two checks is not on the same place of the stub leaf with the place for recording the particulars of the first one of such two checks, and the former does not follow the latter in the length of the bock. In the plaintiff's book the mode of attaching two checks to a stub leaf makes necessary a fold between each check and its stub leaf, one fold up and one fold down, there being no attachment of the check to the book except through such attachment of it to the stub leaf. As two checks lie folded, so attached, the place for recording the particulars of each one of such two checks is on the adjoining face of the stub leaf at the left, there being two such places on that face, one at the left for one check and one at the right for the other check. On the other face of such stub leaf is printed a place for recording bank deposits and bank balances, there being nothing else on that face. Until both of any two checks are torn out, that face of the stub leaf succeeding them is inacces- sible for use except by folding out from the dimensions of the book the superimposed check or checks. The plaintiff's spec- ification does not state where the record of deposits is to be kept, except that it is to be pn a part of the surface of the stub leaf, nor do the drawings show ; but as the whole of the surface of one face of the stub leaf is described and shown as divided into two places for recording the particulars of two checks, and as there is one of such pieces for every two checks, and as nothing else is described or shown as occupyiug any part of the surface of the other face of the stub leaf, and as the description states that the stub leaves afford the usual facilities for recording the checks and for keeping a deposit account, it necessarily follows that the deposit account is to be kept on that face of the stub leaf on which the particulars of the checks are not recorded. Eeferring to the particulars before stated as existing in the defendant's book, the plain- tiff's book is composed of a series of leaves, each printed on one side, to form a blank bank check; and another series of leaves, each printed on both sides, to form stub leaves on which to keep ��� �