Polk's Indiana State gazetteer and business directory, 1882-1883 Volume II, Part 5

Author: R.L. Polk & Co. cn
Publication date: 1882
Publisher: Indianapolis, Ind. : R.L. Polk & Co.
Number of Pages: 1362

USA > Indiana > Polk's Indiana State gazetteer and business directory, 1882-1883 Volume II > Part 5

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Foreign Insurance Companies-Are prohibited from doing business in this State until they get a permit from the Auditor of State. Contracts made by such companies in this State, before they obtain such permit, are void.

Garnishment .- If at time, or before or after, an order of attachment issues, plaintiff, or some one in his behalf, shall file an affidavit that he has good reason to believe that any person [naming him] has property of the defendant in his possession, or under his control, which officer can not attach, or that such person is indebted to defendant, or has the control or agency of any property, moneys, credits or effects of defendant, a writ of garnishment shall issue against such person, and he shall be accountable to plaintiff for the amount of money, property or credits in his hands, or due from him to defendant from the time of service of the summons in garnishment, except that the wages of all persons in the employ of any person or corporation shall be exempt from garnish- ment and proceedings supplemental to execution in the hands of such person or corporation so long as such employe remains in such employment, not exceeding one month's wages at any one time.

Grace, Days of .- All commercial paper payable in this State is entitled to three days of grace, except when the third day falls on a holiday, the paper matures the day before.

Holidays .- Sundays, January 1st, July 4th, December 25th, and any day appointed or rec- ommended by the President of the United States, or Governor of this State. as a day of public fast or thanksgiving, shall be holidays within this State for all purposes of presenting for payment or accept- ance for the maturity, protest and giving notice of the dishonor of all commercial paper, and all such paper falling due or maturing on either of said days shall be deemed as having matured on the day previous.

Interest .- By recent act, interest, in absence of contract as to same, is to be six per cent. Par- ties may agree in writing upon rate, but not to exceed eight per cent. If higher rate than eight per cent. be charged, excess over six per cent. void and recoverable. Future judgments bear six per cent interest, unless contracts upon which judgment was recovered bear lower rate than the same rate. These rates apply to new contracts. The provisions relating to contracts made before the present act are as follows: Six per cent .; ten per cent. valid on written agreement and may be taken in advance. Contracts for more than ten per cent., usurious only as to excess. Judgments on con- tracts made since the 5th of February, 1873, bear the same rate of interest up to ten per cent., as con- tracts bore at the time of rendition ; but when no rate is expressed in such contract, or a greater rate than ten per cent., such judgment shall bear interest at the rate of six per cent.

Judgments .- Of Circuit and Superior Courts, and transcripts of judgments from Justices, filed in County Clerk's office, lien upon real estate within the county, with or without the issue of ex- ecution, ten years ; but execution may be had after that time upon motion and affidavit and proper notice to adverse party.

Jurisdiction .- Justice's Courts $200 and under. Circuit and Superior Courts in all amounts, but on contracts plaintiff must recover $50 or over to cover costs.

Limitations .- Accounts and unwritten contracts six years ; contracts in writing, judgments of courts of record and for the recovery of the possession of real estate, 20 years.

Married Women .- May dispose of separate personal property as if sole owner, and may car- ry on business, and enter into contract with respect thereto ; can not sell her real estate or dispose of same except on lease not exceeding three years, or a mortgage to secure the purchase money, unless her husband shall join therein ; can make contract to improve her separate real estate, When liable her separate estate, both real and personal, may be taken on execution, but her wearing apparel and articles of adornment purchased by her not exceeding in value $200, all presents to her of jewelry, or- naments, books, works of art, and other effects for personal or household use and other property [other than for purchase money thereof] to the amount of $300 shall be exempt from execution. She can not encumber her separate estate acquired by descent, devise, or gift as a security for the debt or liability of any person whomsoever.

Minors .- Not liable on their contracts; except for necessaries supplied for their support and education.

Notesand Bills .- Promissory notes, payable to order or bearer, at a bank in this State, and bills of exchange, are governed by the Law Merchant. Promissory notes, not payable at a bank, sub- ject to any defense or setoff maker may have against payee, or any subsequent holder, accruing before notice of assignment. On last named notes [not payable in bank] maker must be exhausted before endorser can be sued. Protest not necessary to hold endorsers of such notes, but to hold them maker must be sued at first term of court after maturity, unless he is shown to have been insolvent at time of such maturity.

Partnerships .- Are general or limited. In a general partnership each member [except mar- ried women and minors] is jointly and severally liable for all the debts of the firm. Limited partner- ships, for the transaction of mercantile, mechanical, or manufacturing [but not banking or insurance] business may be formed by one or more general partners and one or more special partners. The special partners shall contribute to the common stock a specified sum in cash, and shall not be liable for any debts of the partnership, except for some violation of their rights and duties as special partners. No such partnership shall be deemed to have been formed untilall the partners shall sign, ackowledge and have recorded in the Recorder's office of the county where their principal place of business is located a certificate containing the name or firm under which such partnership is to be conducted, the full name and residence of all general and special partners, amount of capital con- tributed by each special partner, the general nature of their business, and when the partnership is to commence and terminate. A copy of said certificate shall be published for six successive weeks im- mediately after such registry in a newspaper published in said county, but if no paper is published in said county, then in a newspaper of this State nearest thereto ; and if such publication is not made, the partnership shall be deemed general. The business shall be conducted by and in the name of the general partners; and if the special partners take part in or allow their names to be used in the busi- ness, they become liable as general partners. The capital stock shall not be reduced during the con- tinuance of the partnership.

Redemption .- Real estate sold on execution or decree may be redeemed within one year from date of sale by payment of amount for which it was sold, with ten per cent. thereon from date of sale

Registry Laws .- Deeds and mortgages of real estate must be recorded within 45 days. If not so recorded, good as between parties thereto, but not as against innocent parties acquiring interest after their execution, and before the actual recording thereof.

Statute of Frauds .- No action shall be brought in any of the following cases : (1) To charge an executor or administrator upon any special promise, to answer damages out of his owni estate; or, (2) to charge any person upon any special promise, to answer for the debt, default, or miscarriage of another ; or, (3) to charge any person upon any agreement or promise made in consideraeion of mar- riage ; or, (4) upon any contract for the sale of lands ; or, (5) upon any agreement that is not to be performed within one year from the making thereof, unless the promise, contract or agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and

INDIANA COLLECTION LAWS.

signed by the party to be charged therewith, or by some person thereunto by him lawfully authorized, excepting leases not exceeding three years. The consideration need not be expressed therein. Part performance of such agreements takes them out of operation of the statute. No action shall be main- tained to charge any person by reason of any representation made concerning the character, conduct, credit, ability, trade, or dealings of any other person, unless the same is in writing, and signed by the party to be charged. No contract for the sale of goods for the price of $50 or more shall be valid, unless the purchaser shall receive part of such property, or give something in earnest to bind the bar- gain or in part payment, unless some note or memorandum thereof is in writing and signed by the party to be charged.

Stay of Execution .- May be had by giving one or more sufficient freehold sureties; in higher courts, 30 days on judgments of $6 or under ; over $f and not exceeding $12, 60 days; over $12 and not exceeding $20, 90 days ; and up to $40, 120 days; over $40 and up to $100, 150 days; 180 days in all sums over $100. In Justice's Courts substantially same, except that 180 days are given on all sums over $75.

Valuation and Appraisment Laws .- Contracts waiving relief from, are valid, and judgments are rendered thereon to be so enforced.

Voluntary Assignments .- Any debtor or debtors in embarrassed or failing circum- stances may make a general assignment of all his or their property, in trust for the benefit of his or their bona fide creditors.

«CHAS. F. CLARK, Pres.

[ESTABLISHED 1849.]

EDW. F. RANDOLPH, Treas.

BRADSTREET'S

Executive Offices, 279, 281 and 283 Broadway, New York.

€

Offices in all the Principal Cities of the United States and Canada ; in London, Eng .; also a Continental and Australian Correspondence.

INDIANAPOLIS OFFICE :

MERIDIAN STREET, NEAR WASHINGTON,

HENRY EITEL, SUPERINTENDENT.

DIGEST OF UNITED STATES PATENT LAWS.

DIGEST OF UNITED STATES PATENT LAWS,

COMPILED BY

KNIGHT BROTHERS,

Solicitors of Patents, Mechanical and Patent Law Experts,

NO. 75 WEST FOURTH ST., CINCINNATI, OHIO.

The Law of Patents .- A patent is a contract between the public and the inventor of a new and useful art or manufacture, whereby, in consideration of a complete disclosure of the inven- tion, the exclusive right thereto, for a limited period, is guaranteed to the inventor and his legal rep- resentatives. (Whitney vs. Emmett, Baldwin, J., 319.)

A [U. S.] Patent for seventeen years is granted to the first inventor of a new and useful art, ma- chine, manufacture, or composition of matter not heretofore known in this country, nor published or patented in any foreign country. Application fee, $15. Issue, $20. (Revised Statutes, 4883.)

The Invention, if new and useful to the public, may be the result either of long experi- ment and profound research, or of a sudden and lucky thought, or of mere accidental discovery. * * Luck, labor or inspiration gives an equal right. (Tindal L. C. J.)

There is no doubt that he who has discovered some new element or property of matter may se- cure to himself the ownership of his discovery so soon as he has been able to illustrate its practica- bility and to demonstrate its value. His patent, in such a case, will be commensurate with the prin- ciple it announces to the world, and may be as broad as the mental conception itself. But the mental conception must have been susceptible of embodiment, and must, in fact, have been embodied in some mechanical device, or in some process or art. The abstract must be resolved into the concrete. The patent must be for a thing, not for an idea merely. (Kane, J., U. S. D. C. Pa.)

When devices, however well known in other machines or for other purposes, have never been em- ployed in a given machine, or for purposes suggestive of the new application, legitimate combinations may be found embodying such old devices. (Underwood, ex parte C. D., 1870, p. 52.)

Although from the standpoint of after time it might seem difficult to see that a particular com- bination of elements should have required the exercise of invention, still the fact that, in the multi- plicity of prior machines in the same line of invention, a combination of such value had not been hit upon, and that, when introduced, its utility was universally recognized, render it evident that, in order to make such a combination, changes were necessary which the skill of the mechanic would not suggest, and that the work was practically much more difficult than to the theorist it might now seem. (Hoe vs. Cottrell, O. G., vol. 18, p. 59.)

Whenever the change in the arrangement of a machine or invention, and its consequences, taken together, are considerable, there is sufficient of invention to support a patent. When the change, however minute, leads to consequences and results of great practical utility, this condition is satisfied. (Morsel, J. Law's Digest, p. 423.)

Interfering Applicants .- He is entitled to the right who, having been the first to con- ceive, and, having used due dilligence, has matured the invention.

The first inventor having failed to fulfill the above requirements, the right belongs to the next in order of date.

NOTE .- " Conception" of an invention has been held to take date from the first placing on record or communication to another person of such a description as would have enabled one skilled in the art to put it in execution.

NOTE .- An invention is construed to be " matured" either by complete description in a patent or by such public use as would have worked abandonment if it had occurred more than two years prior to the application for patent.

(Law's Digest, pp. 427 et seq., O. G., vol. 9, pp. 1010, 1195 and 1196, and vol. 18, p. 1226.)

Equivalents .- The inventor of a first improvement can not invoke the doctrine of mechan- ical equivalents to suppress all other improvements which are not mere colorable evasions of the first. (McCormick vs. Talcott, Whitman's Patent Cases, vol. 1, p. 1085. )

(See also Bain vs. Morse. Cranch, Chief Justice, D. C., 1849. Burr vs. Duryee, U. S. Sup. C., 1st Wallace, 531.)

NOTE .- A " mechanical equivalent " is a substitute known to the art.

An Improver upon an original patent has no right to use the original, nor has the original patentee a right to use the improvement, without license. (1 Peters, C. C. 339.)

Mere Colorable Differences, or slight improvements, can not shake the right of the original inventor. (2 Gall, 54.)

Combination .- A combination claim is not infringed by the use of any number of parts less than the whole. (3 M'Lean, 454.)

No legitimate patentable combination exists between two things which do not co-operate in pro- ducing the result. (Com . Dec. 1869, p. 16.)

NOTE .- "Legitimate combination" exists where two or more parts act together in a new way with a useful result.

Claims .- An applicant may describe a genus and several species of the genus, and make a generic claim covering them all, and he may also select one of the embodiments of his invention for

DIGEST OF UNITED STATES PATENT LAWS.

a specific claim. Other embodiments may be protected in as many separate patents. (C. D. 1870, p. 137.)

Articles of Manufacture .- There are two recognized and reliable tests of the utility of an article of manufacture; the first referring to its functions of operation, and the second to its cost of production, and it is immaterial whether an article of manufacture works a benefit in what it does when in use, or in what it saves as a substitute in cost of production. It is, in either case, endowed with that element of usefulness required to render it patentable. (Com. Dec. 1872, p. 143.)

Material .- While mere change of material in a fabric may not involve invention, and conse- quently, not be patentable, yet where the change is sought and accomplished for the purpose of produ- cing a new effect, or for accomplishing a new or improved result, then it becomes more than a mere change of material, and may be patentable. (Com. Dec. 1871, p. 276.)

Duplication .- Duplication of parts which gives a new and useful result is patentable. (Com. Dec. 1872, pp. 34 and 134.)

Prior Description in a public work-if relied upon as ground for refusing an application for patent by the Patent Office, or for the invalidation by a court of a patent, already granted-must be such a description as would be sufficient in a patent. (Parker vs. Stiles, McLean, Nov. 1849.)

Joint Inventors are entitled to a joint patent, but neither can claim one separately.

Independent Inventors of separate improvements in the same machine cannot obtain a joint patent for their separate inventions, nor does the fact that one man furnishes the capital, and the other makes the invention, entitle them to take out a joint patent, but the patent will issue jointly upon suitable assignment. (C. D. 1869.)

Assignments may be made previous to application, and should be recorded in the United States Patent Office within three months. (Rev. Stat. 4895.)

A Foreigner may obtain a patent on the same terms as a citizen. (Rev. Stat. 4892.)

Rule of Classification .- The creator of an art, as, for example, the inventor of the first watch, would be entitled to a patent including in as many claims, the several distinctive elements of its mechanism; but when, in the progress of the art, the efforts of inventors have been directed to the separate parts of the watch, and, at their requests, patents have been issued upon such separate parts, a corresponding classification of subjects necessarily arises in the office, and must be observed in considering any subsequent applications relating to the general class. (C. D. 1871, p. 210.)

Abandonment .- If an inventor, before application for patent, knowingly suffers his in- vention to go into public and general use without objection, it is a dedication of it to the public. [4 Mason, 108.]

No patent is held to be invalid by reason of the purchase, sale or use prior to the applica- tion, except on proof of the abandonment of the invention to the public; or that such purchase, sale or prior use has been for more than two years prior to such application for patent. [Rev. Stat. 4886.]

The Specification must set forth the invention in such full, clear and exact terms, de- scribing the best mode known to applicant of carrying out the principle of the invention, as to enable one skilled in the art to which it appertains to compound and use it without making any experi- ments of his own. [5 Howard, 4. Rev. Stat. 4888.]

Application for Letters Patent must be within two years after the first sale or public use of the invention, and must be accompanied by a Petition, Oath, Duplicate Drawings, Specification and. Fee [$15]. It must be made by the inventor, or, if deceased, by his administrator, for the benefit of the heirs. [Rev. Stat. 4887, 4896.]

Date of Issue .- The present practice of the Patent Office is to set up the specification in type, and to prepare a photo-lithographic plate of the drawing, and to bind one printed copy of each with the certificate of grant. A consequence of this printing is a delay of about three weeks from payment of final fee to date and delivery of the patent. [Patent Office, Rule 213.]

Models are not now required unless called for by examiner. [Patent Office, Rule 55, Revised March 1. 1880.]

Patentees are required to mark each article made or vended under their patent, or, where this is impracticable, to mark the package, with the word "patented," and the day and year ; but in -. fringers, who have been duly notified, are liable, notwithstanding the omission of such marking by the patentee. [Rev. Stat. 4900.]

Penalty of not less than $100 and costs is incurred for each fraudulent marking of unpatented articles with the word " patent," or like phrase, or for unauthorized use of a patentee's mark. [Rev Stat. 4901.]

Reissue .- Patents with defective specifications may be reissued in an amended form. Gov. fee, $30, [Rev. Stat., Sec. 4895 and 4917.]

Matter so described in the original specification that it might have been claimed in the original patent may properly be claimed in the reissue.

[O. G. vol. 19, p. 173.]

In Applications for Patents the Examiner should interfere as little as possible with the language chosen by the applicant in describing his invention. The largest latitude should be allowed; but in application for reissues a different rule prevails. The rule is: Liberality with original applications; strict construction with applications for reissue. [Com. Dec. 1872, p. 118.]

Disclaimer .- Where, by inadvertance, accident, or mistake, the original patent is too broad, a disclaimer may be filed, either by the original patentee, or by any of his assignees. Fee $10. [Rev. Stat. 4917.]

Extension of a Patent can now be obtained only by an act of Congress. [Const. U. S., Art. 1, Sec. 8. ]

A Caveat is useful as a precautionary step, in cases where the inventor requires further time or means to mature his invention, and entitles the party (for a year) to notice of any interfering appli- cation subsequently filed. Gov. fee, $10. [Rev. Stat. 4902.]

Design .- A patent for 312, 7 or 14 years is allowed to any citizen of the United States who orig- inates a new carving or sculpture composition, or a new shape or configuration of any article of man- ufacture, or a new ornamental, or useful design, pattern or picture, to be worked into, or printed or painted, or cast, or otherwise attached to any article of manufacture. Gov. Fee, $10, $15, or $30. [Rev. Stat. 4929.]

A Part Owner of a patent may, in the absence of any contract, assign his interest or any frac- tional part thereof, or he may, either alone or in company with others, purchase or make as many machines as he pleases, and may sell them to others with the right to use or sell them ; or he may refuse to sell them, and may rent them; but he has no power to control the action of nor to exercise any supervision ever a co-proprietor, nor to compel contribution of profits or losses. nor to enforce a partition of the right, nor is either party under any obligation to make the property profitable. Such parties must be regarded as having interests which are distinct and separate in their nature, though derived from the same instrument; and having the same interests, with the right to use them separ- ately, they cannot for any legal use of them, incur any obligation to each other. [Chapman, J., Su- preme Ct. Mass. 1864, p. 225. Allen, Mass. Rep.]

THE

INDIANA STATE GAZETTEER

AND

BUSINESS DIRECTORY

FOR

1882-83.

In the following section of the work, the cities, villages and post-offices of Indiana are arranged in alphabetical order, and a description is given of each place, with an alphabetical list of all persons doing business therein. In all the larger places the names have been procured by personal canvass, but in the smaller, they have been furnished by postmasters. Great care has been taken to ensure correctness, as well as completeness.

AARON. Settled in 1870; is located in Pleasant township, Switzerland county, 12 miles northwest of Vevay, the county seat and shipping point. The village con- tains 55 inhabitants, a Methodist church and one saw mill. C. G. Adams, postmaster. Adams C G, General Store. Buchanan H H, cabinetmkr. Johnson Abraham, carpenter. Johnson S R, saw mill. McHenry J B, blacksmith. Smith G W, carpenter.

Smith I M & Son, Saw and Corn Mill. Thieband CO, Ex agent.

ABERDEEN. A discontinued post- office in Ohio county.

ABINGTON. Located on east fork of White River, in township of same name, Wayne county, 9 miles southwest of Rich- mond, the county seat, usual place of ship- ment and banking town. Live stock and wheat are the shipments. Daily stage to Liberty ; fare, 50c ; and Richmond, fare, 50c. Benjamin F. Hunt, postmaster. Christman Charles, physician. Davis John, barber. Duke J A, shoemkr. Dye John, hotel. Dye J S, grocer.

Green, Thomas & Co, photographers. Green & Roby, iron fence mnfrs.

Holmes Benjamin, plasterer.

Hunt Benjamin J, Township Trus- tee.

Mitchell Moses, blacksmith.

Munger Dr, physician.

Newville George Rev, (Methodist). Robbins J F, justice of the peace. Shimer Bent, General Store. Stephens Thomas B, blacksmith. Swallow James E, physician. . Tucker George, harnessmkr.

Weaver John H, General Store. Williams John, blacksmith.

Woodyard & Rapp, flour mill. Woodyard & Stevens, saw mill. Wyrick & Davis, stone masons.

ABOITE. Is a station on the W., St. L. & P. Ry., in Lafayette township, Allen county, 11 miles southwest of Fort Wayne, the county seat and banking town. It has a population of 36, and ships produce and grain. Jacob Hill, postmaster, grocer and R. R. agent.

ACADEMY. Known formerly as Academic. derives its name from the Acad- emy of Our Lady of the Sacred Heart, & most excellent college, conducted by the

PATENTS. CALL OR WRITE FOR INFORMATION. (See adv).

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Polk's Indiana State gazetteer and business directory, 1882-1883 Volume II, Part 5

Author: R.L. Polk & Co. cn Publication date: 1882 Publisher: Indianapolis, Ind. : R.L. Polk & Co. Number of Pages: 1362

Author: R.L. Polk & Co. cn
Publication date: 1882
Publisher: Indianapolis, Ind. : R.L. Polk & Co.
Number of Pages: 1362