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

Der IFst u Dot tue Ia point VI t,ct rh.re Ia.
iot be'n semi Ia % evidence IF H. There mas been.
10 he tere, itre scti the part II my learned
memo witch 4 par tIdHplS, altogether becoming
~ u ar place Of ebi.ft,nnsnJ There acting
sra acting, and shns ct III stemp, "a break DOM
Nls bsl uuiy. We are here % ask tor clzncs %
open tn piOOis nah, and eir Ia the most liberal man
ner Ia e. trial Of tie inmou law But If they
VIII holo fret ny ssupDe and by the posture
Of the case, viii hOlc them upon the proof of the
case ard say relying the Testimony, thar here is
ishe tuggesrion. proves by aeiulng body of
wirstsr- your Honors records aud there |. not
scinls OF testimony % the contrary case NJ
brother gave no names Of such witnesses: on
the contrary, the anxiety about An eXpsrima at
shows a 1T they thou Sht il time 20 bring no fls
evidence on that poin.. Tn~y have brought ia evi.
dence, ! have heard name name pointed out By
ny friend who opened the case; th- contrary
have called David McCuroy Henry t. Alden,
Robert c. Helm, ] G.. Jacks m John Mix and
Others, nine In ALL who that Ii cannot ~ done
ard uever doue. II you unite sulphur and rubber
in any proportions ever known or used il viii u wi.
can Z You nay unite them In prop Irtions enor.
nous and pfeposefOu that the myOuDd NAV be vul.
lied but by token 4. will b- worthless
This cOmpo nd may be yulc4nzei by subj-c ing IL TO
tie hest Of vppOr bah, hut BY the DRY hra, of
Goody ears psteot leave ttis point the egidsnce
as it stands before the Court 7 respectfully submit,
then 10 approaching the close Of my part OF discus
soD, that there 10 special mater the bill in the
proofs TO conclude the defendant from trial Of his
hight somewhere the merits of the | submit,
iCO that the pn'nh Is 10 have Injunction until he
has established his right to 1t by TRIAL at law. Your
HOboTG will have observed, perhaps Dy way, that
tie rule not to send issues from Chancery, but
r-lsgHie the party the legal forum at large. DAN
ies Cnarcery Practice, l,32O makes that Distinction
a. d submit your HonUrs, that whereas the parties
have already good honest lawsuit pending in this
court eXpletsly 10 try ana decide the validity OF Good
years ur BId, whereas. in addition g. this both par
tee have for years, and at immense expense been
making extensive preparation tor the triL OF every
ql esun IN that very the reason for ruling so 10
4 Ely conclusive The cal mart,r then Is gone and
have ask the Court why the general rule not
attach l there any other special why snould
bot be entitled 10 tria OF the right by jury law in
OF earlier stages In which this application for
Injunction IL madr Along time of exclusive possession
bss bten good deal re lied lhsye not myself been
ahe N ind any such long continued possession has
been alluded that would 10 the
the fDal bearing and the influence ot which would de-
prve the parry OF bis night Al law and specuy sub
nit that the learning OF the plaintiffs counsel has not
BE- abe produce illustrative case aud say hsre
Is not such upon the records There has not
been exclusive and peaceful possession of this in
venton In any period since it WAS patented Ii has
been long series of bitter and expensive contention,
from fret TO last Goodyear got his patent in 54i in
las it was iDiDgrd, and many fuirs we're Brought In
le46 II wa adjusted and while we kept the adjust
n'tnt, GoOdy did not Even during that period,
while we observed it, bad Mr. Day a moments peace
u Ger that patent should like 10 know that sup
pose 10 look at all the possession ever had Of
and surely Mr. Days possession at the time ne pur
chs, I'd his license ought 10 constitute pretty important
element and pretty important epoch in the history Of
the tenerl possession ITSELF but bad Mr. Day an
hours peace that PATENT IL always a sword
and not peace Didn't they begin cheat him In 1916,
before the lat of January and did they continue
cheat him after the let Of January Did NOT they go iuto
the execution of all OF devices detraud their
own agreement BY the time he had fairly got his
head above that overflow Soils advances and hrt aens
10 launch him out again upon the OF competition
say tEeD that tits that any proprietor OF the
laten il al period history, ha. been fortunate
enougb have single hour of undis 2uted possession OF
it-pOt at all Then, II your HOnors please, can Had
nothing that should deprive OF tbs benefit OF the gen.
era ~ but Oh the other hand find good deal
hat should require your Hnors TO guard forus so extra
rdusry and specal right and give US the benefit OF
the general rule And submit reason Of very
greet influence indeed that the plaintiff has slept upon
bis ngtt to apply for DiuncdOn matter inclusive
OF hs right 90 long, that as IN the cases adudged in
Bacon versus Jones and Bacon Spotts Soode 10
MyIe and Craig. do not think he |. TO be INDUCED In
waking up today upon e.tnppei and sp Jying tor an
Injunction. Now, If your Honors will give leave,
be bad intended 10 brig ia this matter shou he
not have done II tarlieri His bill Is filed IL October,
1880 the answer is filed lst of January lsjl-t1st is
now good deal more than year ago. OUT At tue very
Instant he filed his BILL be- had the whole which
II junction shutting the defendants mouth from
pleading invshdy, could issue. From thai very mo-
he knew ne had the estJppel in his pocket II he
had II at all he knew that in October. Ga the st 81
January, he knew that al claimed that we had
not inhinerd UPON valid patent ana therefore sub
init 10 yCul Honors that 10 u three Ehs before the
lat OF January, 1851, every particle OF evidence neces
cary for either party to take 10 order 10 come pre-
pared to meet this estoppe could have been taken on
sice and On the other But the Court finds that he
LES stock still, and never brea,he, syllable or q
suggestion in any FORM formally, personally or
othtrSise about an Injunction, until October or No.
vnber Ct le5l. May 1t pease your HOnors. what had
hey teen doing curing all that long Interval During
hat long time, these parties de- votd theneIves, for
five moths, 10 the aborOus preparation VI their trial
n he merits OF the case. They proceeded to take
testn ouy bearing upon the merits. They had, at one
time Fix sets oil commissioners, going like many
basting MILE the time. They take these vol
OF testimony, which rise as Alps on Alps, oo.
Ibinco al expense Of $1,000, and great deal OF
liable invaluable temper aud when, AZ last thar
III come Of effort repUes IN dlcness and the re-
cult OF it, tabOriosi Hd agents, is aid upon your Ia
be, and just the peuuel was about 10 be called,
up they rise, for the INST time since OcOber, I-O,
aid tell Us On here ia an esioppe that concludes
you from ying any wheIe' lie II not an I'D com
mon law Heh0c, that ne Eho pleads an estopp" must
Pied In early ttage OF the case Has Il LOT oeen
decccd, hundred times over, that he who holds
n 70 BIZ CstOyEel uItil The parties have been ~ the
tNIonse Of pItIarng Tor t-ia on the merits, he shall
not have bis Juncropf II BE- true, that 1t has been
csebhd rs well scitled doctrine Of Chancery. that
plauIif will ne slecI 70 move for an Injunction until
the hnel hsaing instead Of starting with kiad prompt
hess in the sler stages, be shall not have AT All
80 ltng that has grown to De doctrine oil law,
Quite if quite IT, your HOuUrs, 10 say thT tnOu2n We
lsyecf a. eed ouI cor dOn cannot place the merits
Il cur csc Leule the forum Shich the la" alt wsto
the mar waDnerer, 10 the outa~ed yagabohd aud
To Il know and placed AZ the bar that TIE ben
Ell sLsl be- given us On the other hand, bad W. Day
ever been gliy Of lacbcsi tie Il hale TOO lex, II
Ply hiu-. Bias he ever been guiHyt where: now !
W hen! Thef action az covenant he met ana o. eaVeu
ret tsl be a. prepared and they retired bci1 him
sii liz that 10 the method aud in the rrer, bis case
v Is upaDswerable by this bill. Here always, he is
He las prepared his case, from hist to as' promptly
I'D ron.i.tt1ty upon the ground that he hsd right
a. II tiis OF his cause upon it, merits, and would Do
oLly 100 happy to meet them Now wolfe mere Is
Mailing 10 dhplace this general usnt, Is there DOT
,c,o deal IN The atdIe OF the case over and above toe
tt Of the dtfIdsuti Is here not good sa OF rea
iu,iinsicsly in the case, Why we should nave the
ptriubi'y We seckf While ny brother B'ady was
.lpg IL araly sis rbilk the Court could NOT bat
fhte ltn aIked how Tricky the case Is stream every
ere with questions of inct-LoE questions Of consttu-
olil iav and Of cgsatures alone, but questions
rtisct evciyvberc-such questions AS are etnPhatlcay
m, con Of jury That these tacrs al
Il at Ccuutfui will Re shown 70 the uft when
y arguments Of ny associate come u De presented.
Bot If your Honurs please, they are numerous they
,ufbe up sbundalty my are exactly ntted for the
:. rsidtIa,tn OF a jury, and they are such az your
Ecucfs evtry cay Tut 10 be test for that tribunal.
.-L LIZ l..