Page:Federal Reporter, 1st Series, Volume 7.djvu/732

 72Q FBDEBAIi BEPOBTBE. �In U. s. V. Boyden, 1 Low. 266, 268, it is said: �" The acts set out are no part of tUe oflence and may in themselves be innocent. The purpose of the law is that a mere agrcemeut, however corrupt, shall not be punished aa a crime, unless it has led to some overt act ; and any f orm of language which shows that such an act has been done to carry out the agreement is sufflcient." �The learned counsel for the defendants read this indict- ment as if it averred that the defendant named agreed to fur- nish and lend to the other parties this skiff for the unlawful purpose named. And if this were a correct rendering of the language it would not comply with this statute as interpreted by these authorities; but the language is "furnished and loaned," which necessarily implies, I think, the act of put- ting the skiff within their control and answers the statute. Whether the act was one tending to effect the object of the conspiracy is a question for the jury on the proof, but cer- tainly the pleading is sufficient. �Overrule the motion. ���Sawyee V. Kellogg. �(Circuit Court, D. New Jersey. June 1, 1881.) �Tkadb-Mark— Injdnctioit. �A label, which had been in use in substantially the same fonn for a dozen or more years prior to suit brought, consisted of a blue wrapper, pasted around a small bottle holding bluing, and contained, in separate compartments, varions inscriptions in letters of silver bronze. The flrst compartment contained the general designation of the article, in the worda, " Sawyer's Crystal Blue and Safety Box." The other compartments contained, in flner print, commendations of the quality of the article, directions for its use, and the name of the party by whom it was prepared. Held, under the special circum- stances of the case, that the use of a label of the same size, color, and type, and of the same general appearance, with corresponding com- partments, and similar, although not identical, designations, should be enioined. — [Ed. �Bill for Injunction. ��� �