New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1845-10-28

b0OlYt1 vs.. Ldy
TO TIE PrBIicn-An article with this heading
signed By William Judson. Solicitor for Complainant"
appeared in The Tribune Of Saturday last in which the
writer asserts tina, motion made for injunction
agans, me and also thai the plaintiff Goodyear not
beaten by me and also that wcs not ready for trial
when the rst brough, up leaving the reader
suppose that the trial did not take place because the
defendant not ready and desired or caused TO be
put or This is not true. The defeat Of Goodyear was
ia consequence of the weakness OF hls cause Wihou,
further comment submit statement Of the proceedings
ia Court which have this day desired my counsel 20
make tor also the record Of the Court AZ the open
ing and closing with comparison or two drawn from
the Goodyear, Judson and combination article and the
records OF the Court and beg the reader 10 mark that
the reaoc does not mean IN is connection here
rsriUe.
The notice OF motion for injunction served on
the defendant until the afternoon Of the 25h day OF Au
gust The subpoena the case was not served until the
sd Of the same month. The notice Of motion for
the lst DAY OF september. Defendants Counsel, wish
ING % be absent from the city part Of the time request
ed-Or his own convenience not that OF Mr.. Day-a de-
lay OF the motion until the -ih day Of september The
defendants affidavit on which he was ready 70 go
hearing al complete and sworn 70 the ON day
of September and afterward altered amended IN
the slightest From the 9Th day Of September
uu; the 30th 'he defendant by his Counsel was in daily
attendance At the Court until the 26th september when
the motion for Injunction WAS MADE-Mr Judson's
statement to the contrary notwithstanding This plain
statement thus tar shows many misrepresent
atoms IN the different advertisements put forth b. Mr.
Goodyear and his Solicitor. On the 2oth Mr.. staples
made the motion and moved his bill IN support Of H.
Mr. Van Wrinkle for defendant asked no delay or post.
poncmeut but moved Mr. Days affidavit in reply and
ready and DESTROYS 10 argue the motion. Mr. sta
pies stated tina, wished time % look into the affidavit
and time granted him until the Monday following.
On that day the parties appeared by their Counsel AMI
defendants Counsel expressed their wish and urged
upon the Court their sht VI having the motion at once
heard and di spOsed Of
But accompaniment counsel stated that they wished time
procure further aihdagits on their part which the
Court stating they should grant. defendants counsel
claimed right % produce substantating adavts their
part Nhereup0n the Court postponed the hearing iof
fortnight VIZ until the 18th o. October allowing tn
complainant all that period % procure afiavIis hu.
limiting the defendants % ten days within which To pro
cure anil q h- The defendant did do this within the
days and at the expiration Of the fortnight attended
Court but compainants counsel did not attend, and
the Court said they would hear the motion on the next
morning On the next morning defendant by counsel
again appeared a. opening OF Court when complainant
not being ready the Court informed defendants counsel
that complainant default could not be taken until the
close Of the term which would be on Friday On Fri
day defendants counsel again attended and called the
attention Of the Court 10 the motion. Counsel appeared
for complainant and urged further Posponement o,he
motion, but the Court refused the and did dismiss
the motion
At special Term Of the Crcu, Court Of the United
States OF America. for the Southern District Of New
York In the second Circuit held az the Cy Hal In the
II september. In the year Of our Lord thousand
eigh, hundred and forty fvePre.ent the Hon. Judges
Nelson and Belts. Charles Goodyear Horace II. Day
Mr. staples reads bill and moves for an injunction in
this case.
Mr. Van Wilkle reads an affidavit Of defendant and
opposes the motion.
Mr. staples moves for time % examine the affidavit Of
defendant
ordered that painus have until Monday for such
purpose.
true copy from the minutes
ATfN GARDNER Clerk
Alta special term Of the Circuit Court Of the United
states OF America for the southern District OF New
York in the Second Circuit held al the City Hal in the
City OF New York Friday the l7th day u October IN
the wear Of our Lord Thousand eight hundred and
forty-hye-Present. the Honorable Judges Nelson and
Belts. Horace II. Day ads Charles Goodyssr.-ln The
matter OF compa.nants motion for In JUNCTION, mo-
lion Of Mr. Van W.nke. ordered-Inat the motion be
dismissed with % abide the event bg; without
prejudice 20 the complanans rgni 70 renew the same.
"A true copy ALEA GARDINER Clerk.
The following comparison viii more fully show the
way in which statements are got before the public ~
Goodyear. Judson & Co" and those who work under
their patents
Mr. hudson, Gs counsel, Extrsc, from Minutes q
states in the article com COurt-signed By tie
planned Of Clerk A. Gardner ESQ
lat That he motion for ~ Mr. s,aple, Goodyear.
JUNCTION agfissi Day has not Counsel reals BIZ and
bern made" MOVES FoR INJUNCTION ~
2d Wan ne motion va, THIS CAUSE
rs, 5rsssn ~ By ,se con % Extract from Minutes
pisfarn, RE dSfsndanf rd. Mr Van Wnkie reads
ready for A>arn Upon an at1csvit Of defendant
ti> pcDe rkici h then lad Day and OPPOSES the
And the Court thereupon ton
granted the deiendsn; as % Extract from Minutes
favor 0 farther days Mr. Staples moves for
time . examine the afEfa-
vt Of defendant Or.
derei ina, plaintiff have
I'll Monday for such
purpose"
The motion was there The motion was dismissed
fore denied By the Court from Court On 7th-ans
the last day Of the The following 5 The 0uly
sion i0r the he8rnz Of csus- cord on the minutes
rih h5.yfy r> corr In ths matter Of com
5GiHdaf % procure f1rrk- plainanrs motion for inc
az iGrif. y- ne i>arfnz Of non motion q Mr. Van
ne notion ~ Eeri Tern Of "nke Days COUNSEL
he CoHrr ordered that me motion be
dismissed with cost ~ abide
the event but withou, pre-.
JUDGE 70 complainant night
70 renew the came
Wiz this leave Goodyear, Judson. msnufactur-
&c 70 the eonemp, and OF al honorable men,
who can easily how hard il "a for one man 10 fsh,
sy wl,hou, ne necessity Of meeting iAsehood AZ every
step. HORACE IL DAY