New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-10-09

Tbst cor pl.irsut pr-pved {, TT y,s e.u-,s or
-os Ofth-u ~ the Circuit Cocrt Uritsd s.tra TOT ts
Southern District Of NswYOsk 5, tbs Nov.rsb Der F.rn
| Isls: 500
That shortly beors that Term the de,ussnt D.y .,,l,.s
70 sttle thoS- sod proposed To IN,
validity of bis psen' 10 pay eonplsinsot sSeA- ara.
sges nd Of said cut take n-snct the
Vf shrsd goods sno pay three esets
yard the fer yard ofsnrsd goods sde
upder the sample nd To consider al ,nirrec goods made
BY him under ncse Psents TO ssmp al ssch goods
9Th nps'osnts name - psenfeei 500 70 Keep ana
rrDSer regular OF 81, SHRED s,Oss mad. by hin
| snd not 20 Il n bge I'D patents
That complainant scc-p'ed sid proposition and ssre. N
6ssoanu. bis su' and To take Judgment ca one OF them
ard eoter satisfaction Of The without costs ard 20 a.
espt the te rennqui,h cism for damages on ths
| defesd.rt .pd bis agents in 'sd suits:
That the said ,us were sscorcingy dsconun eNoep
hieh udsment entered and 's' Sd - agreed
upon . -, 49,, II
! claim aT dsmsses rel.pquished BY complainant:
Ths Dsv akcosledfed srd pstvuts TO bs valid, sad &C.
eepied said eense to make 'ored goods ard sEed 70 ps
The said tit OF three cents yard snd 20 atsn RON 81
ibb Of said patents ant TO conhoc hm,e 70 the
massfsrtue Of sh-d goods and some other articles en-
Thst Day, pot~itbssrdns ssd agreement violated the
aid patents, snd continues to do 80.
PRAyFRTh defendant render bis account OF the
article. be has made OF isd. auboet Of whch leds'
Rubberis eomPoosnt part prepared By the use OF the
improve ments either OF them specified In ssd pseas
or either Of hsui or made the OF either OF
sad Improvements specified in either Of said psteot Sc
except such srcssss he Is entitled 10 make under said
Ard also writ ofinjuacion TO restrain defendant Day,
from nrt cement OF the patents Of plsnsnt sad
to prevent h from OF the i'm PrOvenents tor the manu-
fscture Of sny articles except no'e allowed ey said agree
tn. defendant In hi, answer sim, the several pstents
set out in he bill bat Senes thai the comosrant Gas
the ospa inventor Of the Improvements cl"u-d oy nlm
and s.o deni-. the valid itne, OF tbs raerfs but ne
soniis the execution OF the aceemen, meuueced IN the
compsoMts bill snd sets out the ~sh al tue cove
inquire whether the mpacent hss m'de which en
title. him to any fef add for that purpose TO exsnns
carefully thst agreement ard consider its effects and t Is
proper to re- mark that upon this part Of the there no
serious dispute - 10 facts
But the defendant in Ms answer alleges by Of plea,
ths The complainant had sated portions Of bis said psen
TO william tucson James A. Dorr sod John Hs,sins snd
answer that i.sucisnt in this place to ssy ths /,
not pretended that h has antsd s Of bis interest
relief prayed 10 wit the Injunction. he is entitled
sore sd the question therefore 10 not whether
parties bavs into Court but whether the party
psnsrt entitled to the ,ief sed either branch Off,
The contract msde B, the parties insist. OF variety
cov-nsp and the dst part OF II lated the 18th Of Octo
Der 1876; and eces that Charles Goodyear tae compsn
ant a. the time OF the contract has owns snd controls s
every right privilege granted intended to be
granted TO him, the said Charles Goodyear by the eves
letters patent su ed TO him. except csIsiu lie 7nse 70
~ Ists and cpe e. ons.rsoSt Lssoa dated Sept sij
1t also recies that the said Goodyear and hts assigns had To-
uied vssus quits at law and equity against the defead
ant Day. his agents for alleged violation. o. the said
nights and that they had resolved to settle all differences
Therefor. wss agreed as follow, That the said Charles
Goodyear 10 consideration OF the OF $1,000 paid by
Day aud Of further covenants the part 81 Day hath
gsnted bagsned Sold ASHAMED transferred and act aver
ana doth heresy nant bargain sell assign transfer aud sat-
10 the said Horace H. Day his executors, adsistrs
tors and assigns
ls The exclusive hight 10 AXE and sell sh ned goods
his machinery and Improvements for the purpose
during the term specified 10 said patents also % the
same or the manufs,tue Of hose bsds SO
I'd Tha complst act viii rosurchsss, and CANCEL all
fcengs &C except the thee above ssmsjb touching OF
aectins the lights conveyed 10 Day and until
chssng cshceng, the covenants Of Day not {, bs
Sd That Goodyear will grant other shs to msaaf.c
tune SHRED aid in Of violation Of this article
| the covenants OF Dsy not to be bipdics
18th Goodyear TO secus for violations OF right sold to
Day, shd carry suits 10 judah mt, &c
5. That Day shall have the rsht TO all the improve
msnts made 10 BE- made BY Goodyear TO manufacture
! shined goods sc mschnsry,Ae.
G. That Goooyeu .ball immediately discontinue al suits
each paying his aud that he will and hereby does
Ieess. sbd discharge th- aid Horsce VI Day Ns from a
danAse actions aOd causes Of scoa Tor soy violations or
alleged violations OF any Of all o. tho said psten'
h ~ The aid Dsv rom ssy d.mse.s ON sccunt Of any
claim set under said GoOyesr. And the said IL ii Day
In consiol alton of the PREMISE agreed
lt That he would to Gooiyesre tariff ofthrse cents
/ yard for IN. sbirred goOds to be made BY bin
ID That he wout keep accounts and books OF all su''
3d. Th,t be would pay the tsiH quarterly from the let
l. That he wood mark the goods with the Of Good
S That h.. D.y would not assign this night withou. the
assent OF Willism Judson ,..,,s,..
uf.etsreo sh,,ed go d.. thereby mstsdsy The
pate should be declare VOID b acompetent Court
that then the tamil assessment above provided Tor should
ceae anything therein bsore contained to The contrary
g1en upon the case rs above should be referred
arbitration &c But II ws nevertheless fully undsrso0i
and sgeed that the su,peps, OF the tariff OF assessment
aforesaid If arising from the cause III above provided Tor
should .ub only during the continuance Of 1s na us
so.peton sioressid" By sn additional article od the
day. agreed that 0oodyesr might when be deemed
night and proper surrender the Patent. Of - % and si
either Of them and take them out anew but such new
Patent Patents 20 be subject 10 oil the foregoing COW
enants -. -, -,
BY additional supplemental articles dated 9Th Of Nov,
ist That The original articles should bs construed and
~ IN lluarf tauI.E auUIa
ey differ or are inconsistent with these bat ia I'll other re-
spects to rtInain In tall force ana virtue
ID That the article requiring asent o. VIM Judion,t 70
! en,he Day to assign b. cancelled
! Sd Day covenants that while Goodyear protects him,
the said Day IN the exclusive right 70 manu,ct9te sated
corrvgstsd sccds he he sad Day VIII pot manuac,us
any other rrses OF METALLIC ruboe ~ such as com ,ound-
ed frubbsr and sulphur White 10 VI Or rs 9xiie " say
such 60 complete and hnlsh oy the ala OF
artificial heat sulphur, except for espsnmsnt &c
9Th Goodyear coyepsnts III he VIII prlcufe ana eass
10 be esned 20 Day TO be cancelled the three n;>ns
Hutehipson Runyop, 10 Ford Co, and % Ooderd M
Letscn which sh,l be condition PRECEDENT
TO the performance of any Of this contract oy said Day
th Day ssees that the license granted hiG 20 use ma
cbinery patented Goodyear BE- vacatsd &C. 81 another
sEesTsns sfsane date Il i' pIoyid, r. ,o,,stb.,o
selves not 10 msluasters any 'Hfred so'o 'e' S'
! tine 70 be liked
I'd Ford & L.stson 10 do The Ike.
ID That all suits upon toe subject be df;snunaed easn
patty paving hi' own costs except ~ cs'nea "a ~
suits "a, nyer and Sewer Know.toa. on condition that
.a.aeton be entered each party paying hlsown COSY
igbr to sny ar.ces which Day licensed to make
be o5snea aud assigned Dss al the lime Of exesuuns
these articles a..
5th That the goods Atscheo 10 nO'Oh ve ~ -
I Day fee OF charge -. ----,.., 90.
6th An newspaper articles be submitted to e'unse se'.rs
publication, ke -. -.
IN All remaining quesdons such as the period ~nes
pre..nt manufacturers ,sl SOP making shued s1os x
10 be submitted to srbitraion parties cannot sIee
were delivered aud exchanged
until about the 5th cay OF Dece uoes $50 when All ths
preliminary therein contemplated had been
- drsfr
the respective parties and delivered and Il Is In poaa, %
trSire "a 10 The nsh duties md obligations on me ps--
=. n AZ tine These several covenants ara y % t.Ash 20
one entire eonsc; and "a nsnifssy contra :;
5sIt sxecuted sne partly :DtoFy 0oodysn hsd exc.
cuied Tia part Of the contract ~ aNss.nz ~ 2 o. "
-. 4. cont upsted 10 the contract Ia thai resps;s
II. had wi,hdnswn s suits against Day snd ns sseni
and ,lssS.d eli claim for damages according . tina terms
the contract. he had called ~ eno snc.use 81