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

III H. /" 'c1i 10 x,n have co..raa S:h Csafee
awteb h. ,od Goodyear hcsn'ess ms -Ish1sd .e'n
yrteuee i; brig :; before The Curt ard - as sl9
o,.,,ucfjon and nct ak n guess upon To mere "
'..,'f n,p.r ubzfuis" II seems - ne Ike payin
o., 10 Cour, q J1.tce, and was surprised 10
near Tie eentan taking about equity and sound d'cre
~ III. sane zine ding the important con-
80, his pot,t claiming bsfrs the Court that II -
ms nat az the cher Ting, when i Il paper mA1e N
Lr b-hsh their Der s6t and TO give then Us very
,ight under which t.cy rel 20 = clam here 80
ST. have 20: very important tact - -t'rt wth'
srd does grow 1T Of TIE very nature Of tins case
- they PIT th-n sslvss' ADd mark me- DO not argue
uro sry cse mix here neither upon any bes ped cues
tn Dor Sly state Of fact, which We pat before the Court
They come iere tao contracts hi'h they say rsos
a ,hro rsde for 'har benefit with them. Why don
tf.y produce it, Where it, II vas here, Soaf sP
pear I. on The 3lst n Auzus. $50 cancelled Tor
ever n they Iut II into this case, would II n't os uos
that he tesimTy would have been on The iace OF H. .h1
y0uo there not hAve with the fet mat on tu. uay
vas abr gated by he parties and that Goo'y.r sna h
Licensees sgreed to iys Il up. spc ives c'f|d Jul
then they airy better oil 20 t1eir gauntlet YIN me
Cout see they could not squeak through ms Coi
upon rectal q contract Shch cd not exit an 20 Pu'
tie psJers coLsiIDs the con;sct b. oretne I9p mere
j. TIE ottf Of that story IL Te sia 10 th-s- .ulANs
her n TIER uocke.s Ih.rf is he y ubl IN relation 70
our sub,.ou.nt sfdavs Ths is Why they do oc' want
,tr all ~ come TO- But wh-her is or DOOs suSe ~ u
,ugg.s'ion finn rne-any evidence N the cafe,
il egid.uce that II sucn c0ot act ~ SIS " was
mare for their beltet would respectfully suggest 10
the Court stk them Why they d. not produce hat con
tact sno - be suspciou 9. oecacse they o. no- ihy
have n O. it- heir own gfOund. In-y PIT Ih
tee p'pers msde VIII JodsoD, timing two soatr.cti
rs5e with end thew entirely omit the only IN Il
wou,d b. Of arg bepsft e. them If 1t ever e1i,;ed
have one word in repy 70 thst. nfr'r M sr'ih
There n Tec'tsl cf y t. bs sure coat at w>s ven
made but he ve.y caT :hs patent exceeded n Il
cs-sct sh.tevsr it va 81 G'"d,es was shindoned
You Honor knows something OF tbe practice q nc PIT a
Cfce-hst thouIh extension appears "s'sd Toe si o
AUGUST ard the c. Inn is,O.er WEN he DO his eotry
cat. on the 3i. Of August yet my have oeca pro-
nounce5 and made u vi 20 the public week Ni-rHArd
Now Thsn - announcement w4s mage tn' contract
with GOODYEAR wiaf.yer 4 ~as, VS. ab.ndcurt WHAT
vast think your Hocor will be.i~ve ne WHEN We tel
you il wes eIecpt"ry contrac.-sn sgreemslt thar II
Goodyear would d. CERTAIN thu IS on bis ps'f-pyceTt1h
,u,ns Il !rOrey p Do ceitsn acts then sn1 threaten
he Il h, fee you'd when the pa,-nt extended, cor
vey i artouy 10 Goodyear AID his licensees lni Is
What say The contract but they dd rot il1 iotlr
1a,t NJ y c1tn' odyear a. his Licensees aecer
couy led y terms OF that contract and soft was not
Carl cut ard Ct courso the ext nded term vas never
conveyed 'hese ps,es and they cannot produce any
- i6tbCe that i ~es.
NV .i- alowue .. ., rim the construction IF tns con-
trsot With fact hit they depend upon the recital
of a coIfrec na is FIR their benefit, 81 they Do not
pro6uee H. What 90 these papers proye under the crcln
i,aroes With Or without this 0ih'r contract not nor
What % h.y con'tythsi is not my purpose, bu. what
DE- ihey prove Aud for that purpose in the hfst place
only necessary TO say 20 tt Coat WITH rs long eKper
ieace and raf leaning that to dnd toe construction OF
Contract for Any pUrpost-eher IL reoit. is convey
sDc.-y,u must ook it entirely through you must Exam
iu i, al. IL viii rot % II you arc gong 10 ash what
recttswhethrr 70 estoo 70 biGd the parties
or evidence Of the eXt-nce of th~ ito iook at ons
clause Of paper and say that reclts hat and ONT me
feel II viii do - look a. the r-cting esuse and omit
q rts., for The rest euaii L. Ba i j. well snoTn
plrope 10 your H0 or general principle OF equity
.R that you NUT Ok a; the tn pa)-r TO see precisely
pLt Chsee meant t. cte AID prfcis ThS, he t ant
- adrt Il Fli not 90 for seot.ntl 10 single on
his tlst cquse 90 :rCm ..c sh - tue 18th lac
it hi, nut ~ hsve RICH, 10 AXE the whole
psper 0IoT IL hOanG 20 Clusi'r The Nh lie 10
see siai rsci.s ~ Whist admits Ana tue zen lem
IL their Ma vile not hes,.d by argument will
not dery r. lsnot ceSry Tor me - cl,e authorizes 70
a NO a. grwb srey upon toe b-nah aud Sib toe
ogniis OF tne Court 20 show tia. contract mast taken
acgeth.r 10 6nd What and 20 -hcs that il =
party csirs :hs il r. C;,s fat, il mast rsce i ca.
tire snd what Il re.ite - - thDg itseit AMI 10 more
ThfreupoD the point Of whchsr NUT tse b@ two pa
p.rs together say ulust uress .ani, the frs,
one. Ard mark Q here, | Dot couCu3- myself upon
the point that The f; entirely amulet by The second
concud. that h- trt STANDS bot say tina, the last mu
stand with the FIRST Why Because It sde beta
parties who had nigh, 10 make l. parporls - be eher
an &C cit 90 substitute for the h't and he only
quttton the gentleman can raise relation - Il Is the
quessn Of trustee ship, osfu qHs tart Aud there
came 70 the point OF wering argument that Jads,n
did Trustee holding the contract for the benefit
tho patti an1 staining in the relation OF esfHi que
rnf that be uld bot alter or make any clause winch
would take sssy or alter their rights N'i maxi y'u.
sm arguing upon Il e geuemsns own ground 5ec'u'e
would ike 10 il not entitled To tins iojnpci IA
upt lis Owl GROUND fst rs hs states his "a correc!
and tskrg bs law Is he lay Il down before th- Cour-
II geui says tins contract cannot BE- taken to
g.th.r-ihe last cannot be taken with the irst ~
take that port, ct which he points ont There shall
he CisCrsr Utivttn nm part
be TAX with The Other he sys because Jnoon Lad no
authority make That goes 70 lis Whole Case'o set
lie HIS tire point here Thus he hegs his whole case 80
makes most elaborate and beautiful Argument ap0n It,
Hs,pf up with the utmost mode-ty AZ the eide door and
Sgs con plote entrance INTO cssetikes the whole
q II by storm by b' gging the question. and then makes
mot Ia necessary beautifully Illogical argument up01
H. Tha, Is he assumes that Mr. Jrd.on vas trustee for
the benefit OF cesin cesai que W ese ce'ti gre
tEfs were these cel OF Goodyear and that they held
Tint patent under from Chsee for their benefit
ano therefore his frs, contract could not be abrogaed by
IL II he allowed 20 beg that eftIe question be oegs his
whole case He ssys he assumes II isrtGiy II hs las
got that, is another part OF this c2se-he mas
got lie entire and thsi br eing IN AID OF consruc
lion e recital Of ihtss instruments his only umen
upcn he contracts themselves "a show that ihey make the
All, gaon which he claims Ne layer however ingenious,
dcrtake 10 draw any other account from these con
tracts sid the deenC cOnyeysnces their face
except that they convey ~ Jadson trustee 70 be held
for tie be- nett of their licensees oetR ga rS'fs and
ihSt he holding len tOr these licensees rs trustee. nat
is III. only d they get that they get their
1h.n Why di0 The gentleman 60 around 10 the back ooor
and ait npt brit that ~ aid OF his construction for
tie pur Of Showing hat this recital dsi what he
wanted Wien il il L make cOnrac; the face
OF M Now without reading wore ~ that contract,
say hey parties 20 Il does ana they
are not rsri 10 IT, does That gu the gen
man with he abty cid DIT argue The v-ry knob
pon; If his 't untouched bsc>use ne cOad
net touch It. Ii was TOO hot-ha could not touch it With
his fingers He cid not dare approach that part OF i.thT
they pares 20 (, but begged the pArtssn'hp and
begged the trust and having hat hs used 10 suaal
bis second contract instead OF usirg 10 SCI up both
tracts and make under trust b. no001y co Id
se' aisle had much rather met the gentleman up1n he
poin, itself would like 10 have heud bin upon il, and
b him pOn; g' whe Elm bow :h trustees eyer be-
csme such wopl3 Ike 10 have b. srd bn cts o. your
Honor the trustees rot named in he instrument ani g.
have looked The laws ia T-lSion tptr.ie-> named
in nshu Then - would come g. have his case al
tar
Then propose - srgle TIE point # construction Of
instruments convey auces their f.cs Taxing
the two :ogeheT, g ei - ~ hen sepsrlt- prop