The New York herald., 1850-10-09
United States Circuit Court for the District
OF New Jersey.

| Before Judge Grier
| Charles Goodyear Hoaase n. D0v.-This was AN
sction Of covenant instituted by Mr. Godyssr against
Mr. Day for the purpose Of recovering tariff OF three
cents per square yard all the shrred goods which
| Mr. Day had Manufactured under Mr. Goodyears
patent In pursuance of sealed agreement entered into
the partks and also TO recover damages against
Mr. Day, for prepsving and selling large quantities Of
vulcspised or metallic India rubber In tha manner in
| vented by Mr. Goodyear, and which was secured to
him by letters patent The whole is enbr.ced in
the charge OF Judge Grkr TO the jury and by peruns
It, the public viii thoror,ahiy understand the whole
Gentlemen Of the Jury After the patient investi's
nvah ton which yoo have Frsn T. to this csss and the
the counsel on each side, do not think necessary
to occupy much Of your time In the rsr.rks which
| circumst al will allow.
This IL An action OF covensnt, brought by Mr. Good
maoe in the mentb OF November, lo4s The ssolsrs-
ton sets out the articles and might confuse you
outline Of the case so as to enable you to retain in
your minds the Issues which you are 20 pass upon
that Mr. Goodyear tran ,erred to Mr. Day the right OF
making shrred goods under his several letters patent
Secondly That he purchased and caused to be
celled all the licenses to the qualty
| OF goods which he had previously granted.
Thirdly That tie plaintiff has not since granted any
FouItbly. He snfrns that he prosecuted all per
sons who infringed on his patents ana secured the
defendant IN the enjoyment CT his rights
Fithy That he dscontinu ued all suits which he had
instituted against Mr. Day Tor alleged violation Of his
Mr. Goodyear In his declaration, then alleges that
the defendant (Mr Day. did perform his covenants
in the ariic1se OF the agreement
First That he did not pay tariff. assessment Of
three cents per square yard for all shirred
gated goods m ade by him.
Secondly That the defendant did not keep true
books OF account and allow the plaintiff to inspect the
Thirdly. That he refused to stamp the name Of
Goodyear on his goods according TO agreement.
Fourthly. That be made, prepared, and sold large
quantities OF India rubber, called vulcsnixed rubber
E. to wit fifty tcns'g in the manner invented by Mr.
Goodyear and which was secured to Mr.. Goodyear by
These are the four breaches complained of in tho
plaintiffs declaration. The dsfendant has right to
these allegations ooking at the pieadngs aod
that We have no lees than eight OF them which oopst
of these pleas have been interposed, Il seems 70
for the of drawing out oemurrers from the
opposite side but the attempt failed for the plaintiff
took issue upon them and having made Issues Of them
must try them just they before and leave
to find on each issue separately and IL be neoes
to end on In syOr Of the plaintiff and another
what is called the general issue and denies that
the defendant entered into the articles OF
agreement set forth in the declaration. Thsttho d.
f.nds mt did however has been admitted proved
on the trial IL has been said that the articles
procured by the fraudulent representations of the
plaintiff and arr. therefore, void This would b. a
good defence under tho plea IL it sustained by
evidence; but the fraud must be proved whi,h has
not been done in this 1t ia enough TO say at
present that there has been proof OF rsad lt IL
your evident duty Therefore to Ind verdiss for the
plsntn ON that issue II It should be found for the
defendant 1t would 90 to the whole secisretion; bat
1t must be found for the plaintiff The second
nsut that The defendant did not pay tn.
t.rih Of three eents per square yard The
hes n 90 the following grounds: First that he
not bound 10 do so, because the parties made
nnpt that in the event Of any persons claiming grants
and nsnuisct uring or importing or teag shirred
corr ussted goods and thereby materially impairing
the profits which would accrue TO thc defendant when
in the exclusive enjoyment Of the psiTtges granted
that then the fsid Isr cesse; aud that during
the whols time, W To tho commencement of this suit
he dafat mt skNs. .t.I.-
Ing under him. had Manufactured, imported aod
,oid shrreS goods which materially impaired his
Interests The piairth denies the facts, and puta
hmeh upon t1e country. Nov this forms the
second and most important issue for your eoDsi-
eorstion. Tic defendant the breach, aud the
turd'n rfrtoot Is him and Il Is yeur duty 20 de-
eiee wbsther tbs plea Be supported by the proof aud
es upon 20 his dsm.ges The question for your
confederation therefore is whether any other person
g. persons than Horace III Day. or those claiming
der him, have manufactured. Imported or sold shr-
red or corrugated goods thereby materially mPAirng
the PROFITS which would have foerusd TO the de-
fepdant since January 1ss7, or any part Of the
tine aud II for period. the damages ne has sus-
Of sgrssnsot, which, although signed st dirsrens
times. rtall constitute bot agreement and we're
all delivered ct the ssme time that Of the objects
in ADDITION to sctuiBg the litigation which bsd
isted between the plaintiff and the defendant TO
transfsr the sole right patent
for the manufacture 9. shrTed or eorrusatea goods
and 10 rUfusin Day rom using IL for other purposes
Bvt At the time Of their first contract viz Oeto-
b0r ls.1 Goodyear had In his power .tsat the
Whole right as he gave ctt 20 three firms 70
iicturs undcr hls pstests Goodyea- therefore
,rethe l right to Day 20 make shisd goods and cove
nanHtore puc hase or cancel the lconscs and until ho
DID so DayftDyensnts were not biuding g-uutil auoh
h%'ss hS o.me Ss' t%S S0p'sS ssssSs rsS
msds 20 the ~ eemob. both dtted ia Nov 1916. By
Witch II IL ma. condition precedent on ths part II
Goo1Jesr ca! rel the Licences In the seventh aud
sst srfrle the rtief agree to submit II 20 arOrs-
ton wa'H she 20 80 i;eusess, uhose licenses H.ro TO
be csucs's D. sAoul1 cease TO make shirrsd goods.
TIT rtcr-t % haT- hinderrd tho complstion OF the
rrrtraot tin as late 1Deoember ~hen Goodyear last
la.r ra. nE b.. NuN.~ a
The eta With ne parties Who al held them that
they would ne. alter the first OF January, lstT,
On the 9th Of December, is96. 1oodJ havin. oh.
tsinsd the sssgu o. the csnsss the sgr.s ept
.ss finally contaminated By esnceling the hoenses
ana .rscutirs a. contract which was siguea By both
Tart;rs. and oy the delivery OF the licenses. Tue
after csnceling their loenaes would have no
suthorty 20 manufacture sh rred goods rider any u
Gcodyears patents except What is Inferred By ipli-
estcn they uere TO cssst after the lat Of January,
lttT. Dsy. BY thsse articles, would cortsiniy ss
toune g. pay the tarif agreed upon. from the
tine be received the right TO manufacture The
iuPHd ptolcLgstioR of the time given 90 the
he'nss . sas s,idsntiy Tor the purposs of oua-
lling them 70 vork up the stock Witch they had on
hand. ana dispose cf ~ The manufacture ~ sus-
psnsefs va the manufacture Of ,hirred good. sud
thsr eoutinuing 70 maBuf@cture them after the hr-
81 January -ss bresoh Of the letter Of the covensnt
srd vas an iririugsm. NJ On ns nesnisg II vast
cunning sttrnpt 20 destroy the atm otjssi IN.
rsr'y 20 ~hom uoodyssr assigned the ireno,f under
ls tlIa Iaiitou that they vtrc seting -ithn The let
cuttsct 20 give an sscius,s rgbt 70 nay
sna uas actiBs in I'D i.ith 60 render thst
rs ear ssa NJ, NJ up 10 the ars, of January in man.
fretnfrf shIfr~a gods 90 ovsfstock the market,
AZ vsrs s,ine soth 0oody.sr sne Dsy an inIary.
nsnt That thay bshsEss In ibis ..y -its the soa.
,uusnc' o. nsl y not proved ON the esn'rary, V
vas vronr No- u . q no conssgu-nc. whether
Oordystr va unshs o. rsstfAit thoss parties, or
nsss L & sot 20 rsssi,. h. t.ia q tire. cents in
Gee sny oihsf psf.on bat Day manufactured,