The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1857-10-29
NEW SERIES-NO. lOi


Prom N. y. essniss Post,
Early in LAS Samuel T.. Il. Morse, the
inventor Of the electric telegraph. for val.
liable consideration, assigned by f. j. ..
Smith, on,etourth part oi his interest in
the invention. together with oil rights and
property In such ono fourth tina, he might
have by any patents 10 be granted.
Patents were granted for the invention,
and iclegraphc limos were constructed
throughout the Northern aud Western
States, of which Morse, Alfred Vail. Gale
and Smith. were the owners. The contracts
and agreements made between parties from
time 10 time were complex and numerous.
gan.sslly hay,ag 20 sc,nra,,ce IA a:shssrs pre-
viously made and yc, uncsnceIlcd In cou.
sequence the parties soon disagreed nv 10
their meaning and intent.
Oui of this disagreement originated the
suits instituted by Morse aud Vail against
Smith, in December, 1881. and To the re-
suit al which. ior nearly six years. tcle-
graphic contractors and owners had been
looking with interest. The co.nplainauts
asked that the joint interests Of the plain
til. and the defendants might be severed by
" Wv lrNl w tllN ltifVVtN. w tfht " ut'TFr
might he made which should protect and
secure the interests of the respective par.
ties.
They further asked thai an account might
be taken between the parties, and that on
such accounting. Mr.. Smith should be
charged with, and the plaintiffs allowed
1896 .005 -. This was the amount which
Morse n Vail claimed was auc 10 them from
Smith for their share OF the receipts OF Ger
tain trleeraphic lines IN the North. East and
West. aud for the services Of Amos Ken.
dali. employed by them on account Of +" the
negligence and inactivity Of Smith"
The complain nts also asked that an In.
junction nigh, issue restraining the defcn-
danis from endcavoring to invalidatc any
letters patent granted TO all the parties, or
from making any sales Of the plaintiffs IN.
tcr'F,s in such patents, either IN Now Eng
Land or the West.
The last prayer OF tho complaint was
granted M inunc,ive order was Issued and
continued IN full force for nearly niue months.
AT the January term Of the Superior
Court for 1883, the cause came on for trial
on liz merits, and both parties presented
certain questions propositions and matter
Of law. which il asked the courts 10 pass
upon" Chief Justice Duer assentcd. and
ordered that the proposition shonld be ar.
gued aud decided before any other steps
wcrc taken IN the cause. Judge liosworth
heard the argument and decided the lues.
tions Of law adversely 10 the defendant, but
at the minc time allowed Him 70 appeal
without security for costa 10 the General
Term.
IN The opinion given 10y the Court on ap.
peal, several items claimed by the defendant
~ ~ on are reserved for further argument.
The claims allowed ara those which were
for the most pnrt admitted by the defendant.
and amount altogether 10 the sum II go.
900 These disalowcd land the value Of
wbirh il distinctly stated in the complaiDt)
amount TO S320,Gl3 - but besides these
there nrc still two items which added 10 the
above, make the whole amount Of the claim
disaliowe'l by the Court nearly 100000.
In regard 10 The equity Of the claim made
sg.,,iigi iar defendant iof baianc. due ou tn
Buffalo and Milwaukee Geographic line. and
which he declared ia cancelled by the as-
sgnmcut 10 the PLAINTIFF Of the Louisville
AMI New Orleans line, the Court rseryes
Itself. but strongly lntimats tina, Smith
ought 10 have this stock issued and deliver.
I'd 10 the plaintiffs.