Page:Federal Reporter, 1st Series, Volume 9.djvu/849

 83e FEDSKAIi BBPOBTEB. �secured, and the plow is held in an upright position, but this had been done by Weir and other inventera long before any of the com- plainants' patents were issued. �The patents of Sehroeder, Eichholtz, Norton, Pattee, and Poling all seem to me, from the proof, to be mere combinations of old parts, and, as I have said, may be valid as such combinations; but the defendant had the same right to combine other, or the same parts, 80 long as it did not use the same combination shown in complain- ants' patents, which I find it does not. �The bill is dismissed for want of equity. ���The Tubal Gain. �(District Court, S. D. New York. Kovember 17, 1881.) �1 Res Adjudicata— State Courts— Estoppel—Supplbmkktai, Akswbr— Ad- �MIBALTY — EVIDEHCB — 8tAY OF PKOCBKDINaS. �Where the substantial isstie in tWo actions is the same, although the partic- ular claims or causes of action be different, a trial and judgment upon the merits in the one action may be pleaded or given in evidence as an estoppel upon the same matter in the otlier. �The rule is the same, though the one action be in admiralty and the other in a State court or a foreign iurisdiction. �Where the owners of the brig T. C. chartered her to W. & Co. to proceed to Turk's island for a cargo of sait, to befurnished with quick dispatch, and the brig went there, and, after waiting eight days for a cargo, and none being fur- nished, returned to New York, refusing to wait longer or to go elsewhere for a cargo, as desired by W. & Co. ; and the owners thereupon sued the char- terers in a state court for breach of the contract in not f urnishing the cargo as agreed, and the charterers then sued the owners by libel in this court for breach of the contract in not waiting longer or going elsewhere for a cargo as desired, and the defendants in eaoh case set up a breach of the charter-party by the opposite side : hdd, that the substantial issue in each action was the same, and that a judgment in favor of the plaintiiis, after a trial by jury in the state court, might be set up as an estoppel in favor of the defendants in the action pending in this court ; that leave should be given to sel up the recovery of such judgment by supplemental answer ; and, as there was an appeal pend- ing from the judgment in the state court, the cause, on being reached for trial in this court, should be stayed until the determination of the appeul. �In Admiralty. �Beche, Wilcox dt Ilobbs, for libellants. �Hill, Wlng J: Skoudy, for respondents. �Brown, D. J. a motion is made for leave to tile a supplemental answer setting up a judgment recently reeovered m a state court, in another action between the same parties. ��� �