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person who uses such marks or signs, or a colorable imitation thereof, and may recover damages to be measured by the loss of sales to the owner, and the injury done to his reputation. Where the violation of the right is clear, an injunction will also lie against the wrong doer.

Property in trademarks and remedy for the violation of the rights of the owner have been discussed in the following cases: Taylor vs. Carpenter, 11 Paige, 292; S. C., 3 Story, 458; 2 Wood. & Min., 1; Amoskeag Man'f'g Co. vs. Spear, 2 Sandf., 599; Burgess vs. Burges, 17 Eng. Law & Equity, 257; Stokes vs. Landgraff, 17 Barb., 608; Rodger vs. Nowill, 17 Eng. L. & Eq., 83, 145; Farina vs. Silverlock, 33 Eng. L. & Eq., 514; Leather Cloth Co. vs. Am. Leather Cloth Co., 11 House of Lord's Cases, 523.

To entitle him to the protection of the courts, the plaintiff must not himself be guilty of attempting or allowing any imposition on the public by the false and fraudulent use of the labels, devices, names, or inventions, to secure which he asks the aid of the court. Bloss vs. Bloomer, 23 Barb., 609. See also Foot, Nash & Co. vs. Buchanan & Co., tried before Judge Storer in Cincinnati in 1868; Hobbes vs. Francais, 19 How. Pr., 571; Fetridge vs. Welles, 13 How. Pr., 389.

A public conveyance has a sort of good will attached to it, and may be distinguished by a device or sign, which will be protected as a trademark. Marsh vs. Billings, 7 Cush. (Mass.,) 372. See also, upon the general subject, cases collected by Mr. Lawes, in his "American Digest," Title Trademarks.

CHAPTER XLIV.

OF RELEASES AND RECEIPTS.

A CONTRACT, or liability of any sort, may be expressly discharged or released. This may be done by act of the parties, or by act of the law.

When a contract or demand has become due and payable, a discharge, to be valid, should either be under seal or founded upon sufficient consideration. We have seen that a seal imports, or raises a presumption of, a consideration.

A parol contract may, before breach, be released by parol: but, if it be to pay money, the release should be upon sufficient consideration. (See note to No. 4 of forms annexed.) Although the receipt of part of a debt, and an unsealed release founded thereupon, has been held to be insufficient, where the debt was due and the creditor receives nothing otherwise or different from what he was entitled to, and in amount less, yet it is different in an arrangement for a composition between a debtor and his creditors. Not to sustain such an arrangement would be a fraud upon the creditors themselves, that is, if one of them should be allowed to disregard it; and the signature and agreement of each is in some degree a consideration for the signature of the others.

A creditor, who receives a part of a debt from a third person, under an arrangement that it shall be in full, is estopped from collecting more. No particular form of words or of their arrangement is necessary, to constitute a valid receipt or release; it is only necessary that it should manifest an evident intention to renounce the claim, or a clear acknowledgment that the party has received the money or other articles to which it refers.

An agreement not to sue has the effect of a discharge; a release of one joint promissor is a release of all; but a covenant not to sue has not this effect, and the party still bound, may pay the debt and call upon his co-promissor for contribution. A release by one of several joint creditors is a discharge of the debt: but, if executed by a partner in consideration of a debt due from him individually, it will not conclude the other partners. A general release of one of several joint debtors is, as we have stated, a release of all: but its operation may be restrained by the express terms of the instrument, so as to limit its effect to one, without discharging the others.

A discharge by act of the law is where one is released from his debts by the effect of the bankrupt law, or by taking a higher security, as a note for an account, (which, however, is not a discharge in all the States,) unless the note is taken as additional or collateral security, in which case the remedy may be pursued upon either or both. A material and fraudulent alteration of an instrument of obligation, as a note or bond, is a discharge of the maker therefrom.

But the loss of an instrument has not this effect, as the debtor is still bound to pay the creditor upon receiving suitable indemnity, unless the loss be of a negotiable security, which has come to the hands of a bona fide holder for value; in which case the debtor is not discharged, but his obligation is simply transferred.

A new agreement, whether of a higher nature or lower, is sometimes a discharge of the old one; as where one by agreement under seal contracts to build a house, and after part performance refuses to go on,-if the other party, instead of seeking his remedy upon the old contract, verbally agree to pay him for his work and materials, or to pay him. a larger price, or that if he will go on and complete performance he will pay him by the day,-it will, to the extent of the change which is made, supersede the old agreement, though that was of a higher nature.

1. SHORT FORM OF RECEIPT OF MONEY. Hartford, May 31, 1869.

$100.

Received of C. D. one hundred dollars.

A. B.

NOTE. If it be in full of all claims, add as follows: "in full of all demands."

2. ANOTHER FORM, SPECIFYING APPLICATION TO BE MADE OF

$100.

THE MONEY.

Hartford, May 31, 1869. Received of C. D. one hundred dollars, to be applied on his note for three hundred dollars, dated 5th day of March, 1868, and guaranteed by E. F.

A. B.

3. RECEIPT FOR SPECIFIC ARTICLES.

Hartford, May 31, 1869. Received of C. D. twelve barrels of flour, one hundred bushels of rye, and twelve hundred pounds of plaster, in full performance on his part of his contract to deliver said articles, dated the third day of March last.

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by C. D. of said

in consideration of

dollars paid

, hereby release and discharge the said. C. D. from all claims and demands of every nature which I have against him in law or in equity, arising out of any and all contracts, liabilities, acts, and omissions in the past, or which may result from the present condition of things.

Witness my hand and seal, this day of

, A. D. 18.

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A. B. [L. S.]

NOTE. It is better that such an instrument be under seal, as it avoids questions which sometimes arise out of alleged inadequacy of consideration.

To change the above into a special release, strike out all after the words, "against him," and insert instead of the subsequent general clause the words: "arising out of any dealings or transactions between said C. D. and myself at my store in " or as follows: "arising out of any dealings, agreements, act, or omissions between said C. D. and myself in reference to the building of my house in Bond street."

5. RELEASE OF A LOST BOND.

Whereas C. D. executed his bond, dated the fifth day of February last, signed and sealed by E. F. as surety, conditioned for the payment to me of the sum of twelve hundred dollars, on this 31st day of May: and whereas said bond cannot be found, to be delivered up, and is supposed to be lost: now, in consideration of the payment of the said sum of twelve hundred dollars, the receipt whereof is hereby acknowledged, I hereby release and discharge said bond.

Witness my hand and seal, this 31st day of May, 1869. A. B. [L. S.]

6. MUTUAL RELEASE BY INDENTURE.

This indenture, made this day of

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18

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of the first part, and C. D. of

second part, witnesseth: That the said A. B. and C. D. have this day each paid to the other the sum of one dollar, and have each cancelled all accounts against the other, and have discharged, or intend to discharge, all claims of every nature which either has upon the other.

Now in consideration thereof, and in pursuance of said intent, each of said parties hereby releases and forever discharges the other from all claims and demands of every nature, arising out of any and all contracts, liabilities, acts,

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