New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-08-23

ent Of tie evidence 20 day Ana hsie 90 n" ~
dertsks 20 cobtrsoisingush between Day ana Chtues
II admitted n Other side n they -i "a -csy
Ne petition after Day bad brought tbs o - Chsi
fees ASH Then s;ast 9th the f.f ta. 70, iss
title vas 10 Us the SIS. Of Augast nnfS cvssi7i y
these papers and that brings Us 10 the OF me
kgsltitle
the bill ard from tne facts 10 the CASE that Goo5yer aa
his Hcenstes held rgh,fully or wrOnginy. ths or2ns
patent rs entire term for their own bsnn AID u s
H. tyorsfon among licensees these dsi|nd ao
1Lat Il the frat fact and is fact claimed by ~ cNG
b. the defendants ana sckno recged on al hands 1oaIo
with that ard proper 10 be consitered WITH ~ 40 )"
course Of the argument 70 b. consdered xi;h H. - 'ne
cation in the bill that tn ugh these defendants FeI7
years lice Dsess and held to patent Up 70 we ta'rhS
Term ser its exlD sion IL Injured 10 CbSiee IN MS w
ne hi and N ey have neither license contract uadsr ~
That also stands 10 tbs bill We annt nr'' ta'
the original term for the benefit o. ana DEL ara en
;ox Cd Nv Goodyear and bis licensees ssc0n th% t1S5s
T.tsnds,s we're among these licensees third MAJ ese
deenospts or Goodyear cetiees, never nso any "De,e
or riebt 10 nee the extended term those ar ~
~ p a, .xorn 20 By adavs not upon belief or inioT
matter but facts by who snould kn0~ CnAr-t 90
Sr A. there is any fact unconneced With legal construction
,hst soverps this case Nat be has an Improvement aot
an AZ apple siion # preliminary injGncOns are granted
anon fI parte affidavit they are grated upon ahday'
made sno attached to the bill originally az ,sorn y"
They co not propose 70 convince the conscience OF ths
Chancellor 10 ns! hearing but upon question ~ pre-
lin mary Injunction they 90 convince the cOnssnce OF the
Chspceor and your honor viii grant H. every thing el'e
nj, anal upOI affidavit attached 10 BILL prelmi14
~ Injunction, If proper case Is inside BY H.
Then H. defendants say they have license. aud thsy
b. nccfu ens an 'ney must make Oll
Of them of two thing either that they admit rec,ls
and urove by independent substantial contract tn at the
csnss he'd licenses, or that they hsmelVes
constitu,, The independent substantial contract Upon
bsf no;ut l4 me i'll right 1hey put nothis cass
sdnitg our case. patent our tile our right our m
plete cls contracts In wiring Ihey sly ma ths:e
contracts farpi.h deense-;hat they furnish either IL
eerss ss on the face OF tbs papers or sufheeD' evI
depce that one hiss been made ASIDE and Independent
Of hem. admit that The Gentleman on mo o,nei
did state bis pIO position clearly 10 be that IL was not
for want Of ability in himself whom. oy the way nave
n.yer Rad The honor to meet before and whom am hsPy
~ m.etnov /, was not for want q cearnss # iGel
ee and aeuien OF logic that he did ho' DO II was "a
cause he saw il perfectly, cesry himself but WAS sriii
10 place before your honor, IN di-iinc, 7eF i-t
your honor should discover the true right Of t'e
Gaze from bis own argument He did not say distinctly
ave pl.c. The title here before the Court on VII n go
"staI fsll and that title mIst either i1rnsh evidence
.to the court that another contract Ade ndePendsnt
"of which uaiDs LIS or the contract lseit winch Is oe
fors the Court must ID and OF rs or
stand 1T all" That hot bis ground nor bis mode Of
sddrtS SSH the Court the poit but this precisely his
pos ton snd he cannot BY Any s'its logic or og-nly
avoid IT, He comes here with nose $50 piper5 ne al
mi that be has nothing ia bill except the fact they
were licensees OF Goodyear lie then says tness papers
AID him IN his defense. How answer by their b-ing
,nb,tsutye contract, and Cf themselves binding upon
these parties they rtcit sucn contract c0nclAVsy
ard atIy in existence which not producsi ent-s
parties to defense. Tia; ia he point and precisely the
mon il II We canDO, stand upon IT, cannot stand Al
al and the gentlemen csnrot stand shOu, y. AID pro
pose 10 look At the papers ia hese TOO EIeS5 ffst'
see dDcy whether taken AOne or toSeth-f-oru otnrr
words taken in law aud n The law Of ,qgy viii 20 the
geptlen talks about not IN the law ti ArDirao1 II
sometimes thought b. considered himself ~ a1lfes ing
pnpular assembly whsn talking about equity j. whether
ihex smo agreement or recital 81 cont at
suHciebt for your Honor 10 act upon il in Court OF eqi
y second whether ihsy contain such contract upon
their face.
Wien originally made ny notes with aview OF arguing
this case thought was giving the gentleman great
concetsn when came to make my notes this point
these upon ms
gentleman areument-I propose 10 70 my O9n view
Of the case thought vas giving wonderful ooncei-
sio when going 70 start with arguing that both these
papers should be construed as paperhl both these
contracts with Judson should be Construed whole
contract. supposed That vas precisely "hat the gentle
men would claim the other side and supposed was
preosey what not the Law Of This use. Bat permit
NE TO Say that was gra,y surprised yesterday when
heard the gentleman undertake. IN very summary man
per TO L,k out OF the bck door OF this ise his own con
tract and cay that the last had binding force be-
cause the parties had authority to make it,
Mr. Amts-I ao not say that
Mr. Rich. rdsorI undo stand the gentleman % put the
cal o 10 tie Court in that view precisely
Mr. Ames-I said that that clause in the second paper
which imposed LEV c0nouon upon ne Hcensees' J"uson
The argued that by the second contra they
had no ght ~ alter the right which Goodyear aud ms s
sign, ~ had by virtue Of the FIRST without hfs getting iher
MIR Ricbadson-That il precisely the point propose I,
put 10 tn. Court and think when have stated the gen
nemAn will not complain Of me for not understanding hin
Mr. Amesl did no. say that tie second paper had no
binding force.
Mr. Richardson regard to other matters it is no.
teL The gentleman says that part OF the second con
tract good tor nothing Now propose 10 examine 'hese
CONTRACT together thought It great concessi ln IS
have srt aoy said to do and think so nov think
upon the law Of this cssethe equity law ci-tha the as
contract the only legally binding contract IN existence
for any purpose and propose TO show before get through
this cat th ID lac that the last contract Is the
only that they be aided by or that they can stand
upon that they must stand up that the first entire
" sbroesed by The second tina; the terms OF the las,
eel the and that the last becomes the only contract De
tween ChaGes and Jadson. and propose 10 show your
honor they had right 20 msse such Cancellation AMI
contract But for the purposes OF this point Original
~ propose t. put upon ae strOngss ground the gentle
clshst the two cOnir acts should be taken -
eether. Or, ii the gentleman wishes Il, wiling -
argue with the clause stricken out which he says they
hao right to put n aud then the case Is with as Take
ths tao tracts together the gentleman prefers IT,
tai. the With the osuse stricken out in iheast which
he defines Offensive, and which he says thy ai1
no rsht 10 male s the With us upon these tS
contracts there hoense and evien Of license
In the first place asiGe from the contract, We nave
right the gentleman says 10 look into the surrounding CIR
cumstsnot 10 see how the Parties we're situated Auc &c
have look the facts 90 shether there
sueh contract if they depend upon the resting pTt Oft
whether that contract eaeceory or whether was
s1eeuee And Ia. To great iach they waive the
point the contracts themselves amounting 10 licenses
and upon the recital OF the fact Of suoher sUbsequ
contract made with Goodyear aud his censees-tA 80 3
one great fact this that stands ont above ali hs
rest that sh uld be weighed aud considered with the %
ptrs then selves and with TOE defendants in tins cas
fact like other facts not exactly derived from any sthds
vii bp from the whole Of And now AN up0n
nv inst point that they must depend upon recital OF
snbstsptstye contract made between GoodyeG and Chat
ZEE, and Goodyesrs hcensers-that s mat thess
papers are a contract IN and OF themselves, bat
that they sufficient evidence 70 this court that such
q contract made cay there - one isct upon mat
point that stands out so distinctly and so perfectly con
cusye that IL TO the gentlemen were acug the