Edward Douglass White, Magone v. Wiederer — Opinion of the Court
“ Indeed, this difficulty is likewise so apparent that, in defending the proposition of exclusive commercial use, it is defined in the argument to be 'known in commerce.' But known in commerce is a matter of commercial designation, not of commercial use. ”
Edward Douglass White, Magone v. Wiederer — Opinion of the Court
“ The instructions which were refused asked the court to rule that exclusive use was the correct criterion to determine the classification. The error of this contention seems obvious from the most casual consideration. If exclusive use were made the test, then an exception would destroy the rule; for, however general and universal the use of a particular article might be, if exceptionally used for another purpose, such use would destroy the effect of the general and common use, and make the exception the controlling factor. ”
Edward Douglass White, Magone v. Wiederer — Opinion of the Court
“ In reviewing the contention we said: 'If the only common use of a substance is to be made into manure, or to be itself spread upon the land as manure, the fact that occasionally or by way of experiment it is used for a different purpose will not take it out of the exception. ”
