New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-05-01

practice than in England. 1ley are ieit moio " .o
good sense of our tribunals The necessity oil eApehS
busiuess and the fact which everybody knows, ina.
Court O. enlightened Judges, is not only as competent
but more competent to settle questions arising uuuc
the construction of patent so often mixed Oh law anu
facts or hardly question that Is not mixed OF
law and facts arising under ltent) say cohoih
ton of them leads Courts not useessy to send patents
10 law to be ,ri. by Jury. What Is there Jury can
saw n AZ is not proved in this case The issue OF the
patent the fact that The renewed patent is no broader or
narrower than the inveDten all these iacts DO not
know one Of them that can be said to be doubtful
But hasten TO conclude my remarks BY reference 70
the estoppe What right has Horace H. Day to dispute
these patents, raise any question respecting tnent
What right has he think he is estopped 70 aeny the
plaiuti title by every form OF estoppel which the law
recognizes accumulated one upon another tninA ne
is stopped by matters in pals in deed, and by matter oil
RECORD. .
his own conduct and independent OF obligations I'M
der seal Days offers of reward to anybody VINO would
give information by which nfrngers of these patents
could be brought TO justice, are dated January 1871,
and is on the record. (Reads2
"From The Trejonias January 6, ls4T
"FHTY DOLLARS REWARD.
1.-THE undersigned will pay the above reward 10 any per-
son who will such information as VIII lead 10 the con
viction Of any or concern IN he cnra stass wig
may found after this date engaged IN the pafcs use oil
any his patents, those granted to Charles Goodyear
uS'u III ''io "''''''A''"'' " HORACE H. DAY.
cNe,c- ByDpsvicS, January 1877"
Now comes another, January q, 1877. (Reads)
mos
From The f' 4 CARD JAM H. 1871
"Te rubrc is hereby informed that all the law suits be-
the subscribers have been satisfactorily settled BE-
tween and that by arrangement made the entire ght
to manufacture hirred goods under r Goodyears Patents
and to use Goodyeas compound in their manufacture have
vested in Mr. Day We further give notice, that all viola
tons any of said patents viii be Immediately prosecuted
"CHARLEs GOODYEAR
"HoRAcE II. DAY.
" Netr- YORK. Jan. 49, 1917
Reads from the testimony of Mr. Gilbert defendants
witness Defendants proofs, vol. 4, page l9.
g" DO you ecolect Of meeting being called by the par
ties interested in Goodyeas Patents in the City OF New
York the year of 8 or l8is yea, when was 1t called
what place the City, and in what season OF the year,
do recoect meeting OF that character that was at
the Crotch Hotel Congress Hall; forget at which was
called located the east side of Broadway, below
Liberty as, recolec II IN the summer OF l3i7
Were you present at that meeting
s. win YOU please to name such parties, such persons
you now recoect who attended that meeting OF that
Ans William Elliot Hayward, Nathaniel believe his
is Dor James Bishop, Ford, Hutchinson, Horace H.
Day William Judson and Others that don't recolect
believe the whole India Rubber trade represented
4 What was the obje of that m.etng ifyou knowl
Ans The object arrange all differences undsr the
Patents of Charles Goodyear to prompt and
regular payment of the tariffs
s. Was that the whole objectl -
dns. As recollect 1t was also to enable Mr.
Goodyear to make satisfactory arrangements with all his
hcer sees inspire confidence the trade by appointing
trustees hold his Patents ad, trustees authorized to
fund to prosecute inneemen collect the revenues
and dsbursethe agreeable Mr. Goodyears contracts
H. Win you please to state who advocated the proposed
measures at that meeting?
44ns. As recoect all the members present
except Nathaniel Hayward and William yudson.
a. recollect whether not Mr. Day made speech
81 that meeting!
Ans think recollect that Mr. Day spoke more than
briefly
Do you recoect whether the members present
of them that meeting subscribed their paper
that was drawn up and produced at the meetingl
fns. think recollect that there paper drawn up,
and my mpt is that it was signed by most Of the per-
sous present.
-fns. quite confident he did.
IL Was there amount of money agreed to be advanced
at that meeting carry out the objects OF it. and such
paid agreed be paid the time by Of the
me bert pre- sent at that meeting
.in.. My impression is that there subscription to
The original paper which he signed of the
edeIstes in Court and in pursuance of that agree
ment he paid ESQ., and took that long note. Myfrend
suggests that this note was OF the aloe kind it
natures once In a century.
He is estopped by deed &C. reads) and yet he comss
in and denies his covenant One cannot enlarge upon
this Is conclusive without comment Ii Is perfectly
conclusive or is good for nothing. 1t is like round
shctI executes its purpose or falls dead before
reaches the chip.
He is estopped by Record. There Ia the judgment in
Boston and the jud gment for him here just conclu
sive; for the judgment here rendered for him
issue, rendered for Goodyear another, and he
pleaded factum to Goodyesrs declaration the
covenant ci 1876 and knew he had right under that
pleato give evidence OF fraud had supposed that ac
cordDg to the planet rules of law, if the patent
fraudulent, Goodyear. who obtained it by means OF
fraud knew it; ard therefore the bond might be set
aide upon that plea OF non est tatU Your Honor OBJ
serves that set this to be estoppe and
suppose the law to be- that where in this case the
matter OF estoppe first presented by the answer the
Court viii give ii full effect estoppel and the
plaintiff may claim its entire force such. And
the estcppel by record, the Court bound where
ever appears to enforce it for great Of public
policy.
The Court will suffer its time and the time import.
ant TO the other parties to be taken up with questions
which have already been settled and especially before
the Court tself look upon this trial and judgment in
The covenant suits, esoppel by record 1t is % be
used by the authority Of the Court who will suffer
parties to open that which has been settled accord
ing TO law.
have now gone through this case and ii may seem
thsf have done go TOO much 1t length find nv apo.
oey In the Importance of Of the topics it involves
have TO express my thanks in comm, with the other
gentlemen both sides of this cause for the kindness
and indulgence awarded to me by your Honors feel
how many obligations | am under in this respect And
as this the fret time that have presented myself pro-
fessonally in the State of New-Jersey and a. have
cultivated very long acquaintance with the good peo-
pie of this State intimately than with those of anv
other State with the exception of that in which have
so long lived and have great regard for them am
not willing leave this performance of my duty and to
leave this State without congraiuating the citizens of
NewJersey with the certainty, that while this tribunal
shall continue TO be constituted now Is constituted
the adnnsi alton here the Laws OF the United states
will be such all the people in the full enjoy.
Of their constitutional and political rights and to
give them that happiness ecitousy expressed in the
wish OF Lord Coke, that of living always under the
protection of the law and in the gladstone ht of Juris