New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-07-03

| WIS Do nlruu~r Of quest that the puues were "F
iecrd 10 that very Idea aud - that hiOhe leh'ir
tb. tbs, there (. pdhing The p4p-rs here la Toe
least crgree the cas- hey aaVe ree rs' "
II IL ects, al cert e thu Court please Ia tae nest
place that the niece Hcee JtAnce OF hceu'e' snI
tb ~, N l. To nav tariff does not conclude tire psrty
Ia Ci.ru a. . yrlduy OF the steu-the very gle'lDn
which /. now supposed % be bel re the Court her
the covenant contract 10 pay Tor license eau D. IN
IA, ced on oyer biz what detenses might be set
uu apo WHIST pleas H. need MT stop - cousiier De-
csuse there lie no such bill pending Whstl do say 49,
that mere acceptance Of cenre, ADD promise 10
pay pO the bar gain, 90 not conclude Oary u dispute
the valioiryI near IN another prOceetng-and u mas
been scjucsed by every case In law and tue court
will allow 10 remind them by WHIST sort oil IA -
yers that rule has been uniformly intJrced-1ot ~
Common Law lawyers alone such as Lord IourloH
ord others, tur, late 1870 by such men as lrd
Eldon n the eedih Webster. Patent CEs's 81,
ana 10y judgment IN lsi9, ia the first Of McNsg lten
and Gordon, given Dy Ny Lord Chancellor Gotten am
and universally The mere acceptance OF licsnse
heu does NOT clude and in the next place the ad
oitOn Of promise to p4y tsrit-tbst 10 10 say pom
the acceptance and pr 0rnise N pay-are not conciu
sive admissions Of validity. and leave the party,
like any other, al liberty to take evidence and
b. 90 beoire a tribunal where the evidence OF va
ioity will be weighed for what it Is worth. That
this is so, is very clears and this II your Honors
please, will reconcile ours with every case ia
the law that has been produced, or can De prJduced'
and unless he nants in go many words not t. con-
the validity, the covenant 10 pay tarh may ways
be resisted, the ground OF invaidity- is elnpy
and only a license ard 70 pay, without rei'r-
TO the subject OF validity and unless II 10 COW
epant IN many words, or an acknowledgment on
covenant 10 CONTEXT is always open 10 the party
10 dispute il. will refer your honors s1l1n ~ the
opinions given by the Judges, AID the nr't case IS
Hayne Multoy, T X 43o," in which the whole
Kbg's Bench cOncuTed in such d construction ~ such
a grant out the which is gve1 tor II IL very
plain IT H. that such contract and license, and Gov
ant 20 pay, proceeds always on the hypothehs and
basis Of night In the plaintiff. Everything assumes, for
the once the truth Of that which he has cOllateray
asserted and which the def ndant has been in
give credit When that fails, he has simply made
mis- epreten,stion and then be has remedy what
soever. The plaintiff knows whether he lie, or Is not,
the original ard first inventor and he tells plau-
sible story surrounds himself by adauts and by wit.
nesses and drives his victim into covenant AMI the de
PENDANT buys his article then, II rs aferw4rd show
that though he is vUlato OF patent he was himself
deceivd; why eerth should be not do III How can
he have intended 10 conclude but by covenant that he
would not contest; for there exactly one way that
defendant may conclude himself and that IL by cove
nsn that be will lot contest II your hOnOrs Will give
me leave will 10 the decisions that strike me as
conclusive in FAtt Covenants, 574. 80 and $40
and Addison Contracts, IA and leo. That docis-
ion has been cited and referred u In Westminster
Hall. ard followed since in the In OF Meeson
and Welsby 295, and 10 Webster'a Patent Gases, Al.
So that il has really become. sm very happy to say,
entirely clear, that the acceptance OF license and
covenant to pay tariff leaves the party wholly At lib
erfy 10 contest IL Yet, should be ashamed OF my
client If be would stand here ~ contest these covenants
the ground that Is not an esopel at law, II be could
not IT the time lay his hand his heart and say
that be found other reasons in his golden rule of
dong as he would be done by. mat prescribed an1
wsTrented his taking up this line OF defence-that
makes il beautiful and biblical defense, which be-
fore nearly absolutely perfect in point OF lay. THIN
c, think, Tar at TIE common case Of bill Ia
Chancery for Infringement, with nothing 10 eNop US
deprive Us Of all ordinary rights. wish now
to suggest t. the Court in quiet why this
iopel should be at large, and then shal be ready
and most happy to give way 10 that exposition of the
merits Of the case 10y which am my client will
he aided and on which he may commit himself unto the
CourD by the learned counsel who Ia to follow me.
dOCu nj ma
the transfers by the plaintiff tn the defendant,
Mr.. Day, begins by recital that there
only three persons who have any interest in this
matter, with Of whom Mr. Day had the misfortune
10 have had standing quarrel, aud h. would sooner
have met bis deadlest foe coming upon him like thief
in the mig TO have permitted him 20 have any
ro Of his rights and say this wi hOut any disrespect
10 Mr. Judson. Mr. Day ro led ON the recital taa Good.
year ard controls everything except these three
licenses and be gives my client to understand that If
their licenses revoked, he Day)i is then the sole
owner against the world of all tue licenses thai Good
year owned do not know where the evidence il Of
That At any rate that recital falsifed the moment
II mace and the covenant by Goodyear Hferward,
Ia the Instrument that he would proceed 10 get In
all outstanding rights, was iasihed by hts attcrwhd
falling I" get In those rights Tue recital was faisied
along Nth the covenant for obtaining surrender of
outstanding rights by three facts the hrs, is Sir,
that curing The progress OF these negotiations Mr..
Goodyear negotiated and sold 10 M. Judson with.
out toe knowledge of Mr. Day, one Eighth OF every.
thin he twned, and the papers delivered the
OF -, 1876. Soon after Day commenced operations,
Mr.. Judson ard Mr.. Goodyear began negotiate this
assignment Of eighth and that assignment Of an
eghtf is placed upon the records at Washington before
thu dei' cry OF he papers 10 that II your HUno
f Hse when we accepted this contract the repre-.
teItailon and brlie that there only party in
teresled in the matter after tbs three licenses Out.t4nd
ing were Cancelled, against whom thought could
take aution turned that had bought into
col Germ one undivided eighth of which the pro-
Iety oi, dare cay, very respectable gentleman hut
whom n ust chRracteiiZe the bittcrest enemy Day
had on earth The proof OF that appears upon the ods
In the neAtpsce, he had broken the rectals, and
the same covenants and the brief disclose that
proof also, by sale TO certain Mr. DOrr, in lSif of
quarter part of all h5 interest here and although he
had undertaken to qu~iiy that same, by stPulating
that Mr.. DOrr should not sell or dispose OF what
he hHd bought, | take II for granted that Mr..
Dorr might have wo ked TO his hearts content
IN the process Of conugeting goods under that
grant, and Day could rave disturbed him Clear
ly he Lad Something under which he could work and
ny ch nj then when ne thought he was getting right
6gtmt the world to manufacture corrugated goods,
when the tnfer licenses bought OF other men
were paced in these factories TO work against him.
The thnd fact IL. thst they broke these recrals and
these coyensn;s in the way in the matter OF tae
licenses granted ~ Haskns, On the 3lst OF OCTOBER
1872 Goodyear undertook ta get that license M or
ne settlement would he good for nothing lie never
did get up. IL star O. this day IL seems that Has.
kns as'igntd II to NJ Baldwin, on mater Of lode bt
ednofs, end Mr. Badan convey ed IT, 10y he consent of
Haikins as colla'ertl security 70 one Comas Wnle
II lay in Conf hands collateral security Sir Good
year calico on HaAkins 10 negotiate IN extinction OF me
license. Hsskins executed t. Zee, Lvey toe license
without ke--~lthOl, cOnsideratcD-a partial sor. eli
do'LmeIt what he called reassgumrut OF lease or
a hctrs', originally made TO him aud Baldwin. Now
10 such lease or license ado 10 hn and Bald.
wa. IL descites nothing aud II the time wnrn this
'tassgrnen. Wos executed II OF no u,ilty rs
the hcerse had passed beyond bis control Your
HohoTs may think we pushug a great pstent |
etuse mo Pr'l,y minute cchnicalcs: but recouect
lns great Judce-the greatest Of the day-5hat Mas
sScbusttts ever producec-sad once inat ii man
ever permit 10 cay and pre=s techncAlities surely
he might csVii for his nf We pres, tnese tecbpcai
Hes T. tie epd THAT may be pef itied % prove the
run In court Of law, ana because the truth |
I'd court OF law Is Necessary 10 secure the de- /
lenctn. Of The cause toe peace and labor of his lie
therefore We are teaching the humanity-bu, God for
BID We should tIy II, saving our life by borrowing any
oooy kil" or any booys teeth 70 uriasttn bands
emo 70 give Ls our nGtUrai weapons OF def, use aad
daylight 70 use them ia That s ali we are doing in
'hs eese. There is one other gaound on which / re.