any hindersome and impracticable projections. The dies are formed so as to give the blank the required shape. This process of forming shackle blanks has proved, by practice, to be the most expeditious and simple yet performed, as it requires the least amount of machinery, and forms each part of the shackle with just the required amount and thickness of metal for completing the article." The claims, two in number, are these: "(1) The carriage shaft shackle blank, so formed between dies that the body, b, of the blank is curved, substantially as herein shown and described. (2) The dies, A and B, for making the said blank, when so constructed and arranged as to form the rounded corners and the curved body of said blank, substantially as herein shown and described." The plaintiff, according to his description, takes a blank in the form of a cross, and, by dies of proper shape, bends the arms of the blank into an oblique direction, and the body into a curved form, the result being that the parts where the arms join the body are rounded on the outside as well as the inside; and when, subsequently, the curved body is straightened, there will be in it sufficient metal to form sharp outside corners by being pushed out into them. The plaintiff's patent stops with the curved blank shown in Fig. 1 of his drawings. That blank is, in practice, afterwards formed by other dies into the following shape: Top View Section on Putting the blank into shape is what the specification refers to when it speaks of "the straightening of the body," and "forming the sharp corners." The defendants make shackle blanks by dies, under letters patent No. 106,225, granted to Willis B. Smith, August 9, 1870. Fig. 3 of that patent is a plan view of the blank which the dies forge, and Fig. 4 is an end view of the blank. In these figures b, b, are the ears; d is the clip; f is the shaft; g is the body of the blank; h, h, are the corners at the junction of the ears and the body; H is the whole blank. The corners, h, h, are formed at right angles to each other. The specification says that the blank, H, is then placed in a trimming die, and the surplus metal which projects from its edges is removed; and that the blank is then heated and the oblique portions of the body, g, are bent so as to throw the ears, b, b, upward, in the form shown in Fig. 5, in which operation the corners, h, h, previously formed at right angles, remain unmolested, and are square and full. The specification says: "I am aware that dies for the same purpose have been previously used, as shown in the patents to L. Burns, June 11, 1867, and J. B. Clark, June 25, 1867. In Burns' dies, the body of the shackle is formed straight, while the ears are curved, the curve coinmencing at the plane where the ears are to be bent to form the corners, and therefore said corners are not right angled; neither is it possible for curved ears to be both on one and the same line. In Clark's dies the ears are formed straight, but were arranged on different lines, so that the edge of the blank at the side of each ear was thrown out of a vertical line, which seriously interferes with trimming off the surplus metal. I make no claim to either of the above or similar dies." Smith's patent claims the blank so constructed and formed, and also the dies for forging it. The circuit court was of the opinion that, in straightening the angularly bent back of the defendants' blank, to get it into the shape of Fig. 5 of the Smith patent, surplus metal was not pushed towards or into the corners to form them, but the existing corners were forced further apart, to the extent of one-fourth of an inch, by driving surplus metal into the back, between the corners. We are of opinion that this view is correct. Besides this, the arms of the defendants' blank are not bent in an oblique direction, its body is not curved, and the parts where the arms join the body are not rounded, either on the inside or on the outside. The defendants' blank, as in Fig. 4 of the Smith patent, has abundance of material near the corners, h, h, which are to be sharp and square, and are already formed, while the plaintiff's blank, by reason of its rounded corners, has a deficiency of material near the points where the square corners to be formed are to be. In the efforts to make, by dies, a shackle blank, which should ultimately have sharp outside corners, the inventors, in succession, had the idea of a reservoir or surplus of metal. Thorp had it in the downward projections. Burns had it in his sharp lower corners with curved arms. The plaintiff had it in his curved body and rounded corners. Smith has it in his shape. But, in view of the state of the art, and the terms of his patent, the plaintiff must be confined to a curved body, rounded corners, and oblique arms, or, at least, to a shape which, for practical use, in subsequent manipulation, has a disposition of metal which causes a sharp corner to be formed in substantially the same way as by use of his blank. The defendants' blank does not have such a shape. Decree affirmed. (114 U. S. 430) DODGE and another v. KNOWLES.1 MARRIED WOMEN-LIABILITY OF SEPARATE ESTATE-FAMILY SUPPLIES-NOTE EXECUTED BY HUSBAND AS TRUSTEE-INTENTION TO BIND ESTATE EVIDENCE. Where groceries are supplied to a household in which a husband and wife and their children are living together, and promissory notes are given by the husband, describing himself as trustee for the wife, in payment for a part of the groceries so supplied, the wife's separate estate cannot be held liable in equity for the balance of account due for such groceries, or for the notes so given, without clear proof that she contracted the debt on her own behalf, or intended to bind her separate estate therefor. Evidence held insufficient. Appeal from the Supreme Court of the District of Columbia. J. H. Gordon, for appellants. No appearance for appellee. *GRAY, J. This is an appeal by the children and heirs at law of Frances I.* Dodge, a married woman, deceased, from a decree ordering her real estate to be sold for the payment of debts alleged to have been due from her to the appellee, upon a bill filed by him, in behalf of himself and other creditors who might come in, against the husband in his own right and as trustee and executor of the wife, and against her children and various other persons interested in the real estate. The following facts were undisputed: By an antenuptial settlement, executed on January 22, 1852, Mrs. Dodge (then Frances I. Chapman) conveyed all her real estate to Mr. Dodge, in trust, to hold the same for her sole and separate use and benefit during her life, and so that the same, and the rents and profits thereof, should not be liable for his debts, “or in any way subject to his control or contracts, except so far as is consistent with the provisions of this contract;" and to permit her, by herself or her attorney appointed by writing under her hand, to collect and receive the rents and profits from time to time accruing, and to dispose of the same as she might see fit, for her own separate use and benefit; and if she should, by writing under her own hand and seal, and attested by two witnesses, direct the leasing or the absolute sale of the real estate or any part thereof, then the trustee should lease or sell and convey the same accordingly, and collect the proceeds of any sale, and invest them in his name as her trustee, in such a manner as she might approve and require, "and hold the said investments, when made, for the same uses, trusts, and purposes, and with the like power and authority, and subject to the like limitations, as are hereinbefore declared of and concerning the original trust subject;" and it was provided that the wife, notwithstanding her coverture, might by will devise and dispose of the estate, or any part thereof, as she might see fit, and the trustee should hold and dispose of the same accordingly; and further provisions were made for the disposition of the estate in case she should make no will. On January 25, 1876, the wife died, leaving three children, and a will, by which, by virtue of the power of appointment reserved to her in the marriage settlement, she devised all her real estate to her husband in trust for the use and benefit of two of her children, and appointed him executor, and made no provision for the payment of debts. The plaintiff was a retail grocer, and at different times from 1870 to 1875 delivered groceries at the dwelling-house where the husband and wife and their children resided together, and received from the husband, in payment therefor, or in renewal of other similar notes, promissory notes signed by him in this form, "F. DODGE, Trustee for Fannie I. Dodge," payable to the plaintiff or order. At the time of the wife's death, the plaintiff held four 1 See ante, 1108. 2 *433 such notes, payable at various periods not more than four months after date, for sums amounting in all to $2,171.61, and interest, and had delivered gro ceries to the amount of $120.10, for which no note had been given. The personal property left by Mrs. Dodge was exhausted by a distribution made by her executor among her creditors, under a decree of the probate court, by which the plaintiff received a dividend of $117 upon his claim. It was further alleged in the bill, and denied in the answer of the children, that at the time of the giving of the four notes, and for several years before, Mrs. Dodge was indebted to the plaintiff in a large sum of money for groceries furnished to her, on the credit of her sole and separate estate, for the maintenance of herself and her children and her husband, he being insolvent and entirely without property; and that she caused him for her to make and deliver the notes to the plaintiff; "all which said indebtedness said Frances I. Dodge declared was chargeable to her sole and separate estate, upon the faith of which it was incurred, it having been represented to the plaintiff that her intention to fully secure the same by a proper conveyance in trust had been from time to time before her death prevented by her physical condition;" and that at the time of her death there was also due to plaintiff the sum of $120.10 on open account for groceries furnished as aforesaid. The material parts of the testimony introduced by the plaintiff were as follows: The plaintiff testified: "The groceries were furnished to Mrs.*Fannie I. Dodge. They were furnished to the credit of Mrs. Dodge. The four notes were received in part renewal of other notes and a running grocery account. Mrs. Dodge is also indebted to me in the sum of $120.10 for groceries furnished upon her faith and credit. These groceries were delivered at her dwelling-house. They were ordered by Mr. Dodge and the servants from time to time. Occasionally Mrs. Dodge was in the store and ordered some. These articles were furnished upon the credit of Mrs. Dodge, because I expected Mrs. Dodge to pay me for them. I did not expect Mr. Dodge to pay for them, because Mrs. Dodge was looked upon as being worth means, and Mr. Dodge not. Mr. Dodge never offered to pay me this account, or any portion of it, or to give his own note for any portion of it. He has handed me money which has been placed to the credit of the account. He has repeatedly told me that Mrs. Dodge had plenty of property to pay her debts, aud would. He promised me security from Mrs. Dodge upon her real estate for this indebtedness. I did not get it, owing to Mrs. Dodge's death. I did not get a promise from anybody else that I should have real estate security. Mrs. Dodge never personally promised to give me real estate security. I did not see her during the latter part of the transaction." The plaintiff put in evidence a letter written to him on January 10, 1876, by Mr. Dodge, saying: "My wife is dangerously ill, and has been ever since I saw you. Of course I can do nothing yet as to the security promised you. As long as Mrs. Dodge lives, it requires her signature; if she dies, I am still trustee for her heirs, and can then execute a deed to you as such trustee." The husband testified that he was a clerk in an insurance office, and further testified: "The notes were signed, F. DODGE, Trustee for Fannie I. Dodge,' because I had no property. I had no property to give a note upon; I was bankrupt. They were to be chargeable to her. They would not have been signed by me as trustee, unless it was for her and upon her responsibility. I never accompanied the delivery of those notes with the declaration that they were intended to bind her real estate-not that I can remember. These notes were given with the knowledge of my wife, under her general authority. The amounts do not represent any indebtedness contracted by me. The articles furnished by Mr. Knowles were to eat. The family consumed them-my wife's family. Her children and servants comprised that family. These ar |
