New-York daily tribune., 1859-07-30

that they testify tba, there J. marked difference
between The woven e.st.c sco4s ami tie cri' ua ie
under the patent Of Nsres Sh, 1874. Tbd - app''
r.It 10 the eye, and ~ OF denies It. Inc C""i /,
II ing satisfied that tbs term "shirrsd was wen
known, -Id.avored, II pa's'ie, u irsce 1t on' and
see where il came from. The term as,d IN ne c"b-
,rsct {. "thirred or corrugated goods" Co-fusa;ed
as nave already rems7ksd, is al English sc'd vel
known, N, ing rrnk.d, aud i wond, ''erei"re,
read ias, a. well ".hirred or rrinAi1l scois.' 1he
word corrugated j. s1dei 10 explain wn4i bish'
otherwise De uni,,eigible 20 ,he Glni atel TO e1'
plain the word ".arrei" II il I'ed so, no coio''
IN the patents ard other instruments where it has
been ireorvorated looked thFuas all The FIe'ca
and English dictionaries IN vain for the wori
"shrred" ] could not find It Tae nearest wofd
have found =. .sembog it-4ni have no DOUBT IL
con fioIn tba.--was VOID II The dictionary Oh 'H'
Scotch language, which is 70 s,iTp,' when means
n 'shrivel" or shrink up ProhAh!y vheh 'ns
word crossed the Tweed AID south they dropped
tie y and CALI it 4" shr.'
Wepow come TO the contract Of the 29ih cf oeto-
Der, Is46 VIA, did Goodyear mean by the roFds'
SHRED goods 7" Did oe mean tt goods manuiao-
tured upder his patent Of MEicn 9, 1884, or did oe
me an al "sbrred goods p" such g. were imported
al thsn known TO the trade'
have h, kc6 through the Documentary evidence 10
tbis ease to see il could not be relieved from any
conflict Of testimony of witnesses by the unvaryhe
ard mo. yistpg record Of The written iastrGcetis
Where interests are - compi1 s,ed and vsnsble a.
these Interests Ot the India Rubber manui4cture ar.
the CONT would repsse with much greater safety On
any light which might receive from the written in
s.rumerts in the cause coeUp0raneous with al these
contracts or any collateral ones than from the testi-
moDy Of witnesses taken past IHens poidn. ana the
Court found piece Of evidence, wtien vas very iu
on that subject in the application Goodyear TOR an
extension of his patent read from thr to show inst
wherever Goodyear intended 10 Eali; the manniac-
,u,e of "sA,rred goods to bis patent Of March =,
1884, be 90 designated it by words limiting the grant
to that Kind Of "sbJed goods. He has giVSn an
account in the schedule attached to his application ~
show wbat he bad realized from his patent OF Jane
-. 1874, which he was then seeking to have ex-
tended and he ssys. at folio 220: "ln 1874 the ap-
pcalt sold TO Mr.. David j.. Suydau the exclusive
right TO use bis Improvement in making shrred goods,
for which Suy dam paid $i3 O0O." He does p"t say
"the right TO manufacture SHRED goods. had u
been ii at language il would have been very strsng
for the defendants Now we know what
that exclusive tight was, which was conveyed !"
Suy dam. II was the right TO manufacture goods
under the paient Of March 9, 1884, About yeH
aerward, the applicant bought tnis Iigh; back from
suydam. Shortly after, applicant sold
three concurrent rights to mske " saTreS goods,
one to John X. Ford, another 10 the New-fok India
Rubber Manufacturing Company and third to On
derdo,k & Letsop When the settlement
Of 1916 was made with Day, the concurrent rights
we've surrendered, that the siirred eoc1s MoH0p0iy
mgot be given to said Day" Entirely siffsren, Ian
suage. And then be goes with the different other
rights he has sold TO Wit The right To make boots
and shoes, the right 10 make babyjumpers, the
right to make door springs, the risnt 10 make
springs for railroad cars, the ngnt to maze
cluthing, the right 10 make paperh holders or
bands, the right to make betting, &c.' Nov, un
less Day owned the full end absolute monopoly a.
ho claims he did, to make shirred goods, no o'ner
psriy had it, for not dollar was received by Good
year from any other person ace Tdng to TINS schsdas
for manufacturing shire goods Of any description or
sny article that will come uuder that designation. He
ssys, Day got monopoly OF the shirred goods, and
at the head Of the recspitulation he says, "f0r
skirred goods, S2i 000." Nov if Day had not the
whole monopoly to make woven and sewed, as gel as
cemented goods no one had il. Goodyear then,
ignored when be made application for the extension
of his patent Moreover, at folio %, after speak ng
of the controversies between himself sad Day
and the settlement in lSi6, he says: Tha
one effect Of such agreements was, 10 transie
70 said Day, the entire right Of your applicant to the
manufacture of shrrei goods." Could language be
more expressive than that y a. That Day paid your
applicant s. 600 bonus for such night, and agreed 10
pay tariff of three cents for each square yard o.
goods made under the same Referring back to the
contract, it will be that Day agreed thss al the
goods he made should be considered made under the
contract of 1876. Then Goodyear says st folio "a:
{" That notwithstanding sach agreement, SAID Day
af,erv ard proceeded to infringe anew upon the rights
Of your applcaI., ard your applicant was Obliged Il
commerce several suits against him, among others
two in the Circuit Court OF he United States for the
District Of Nex-Jersey, at ew and the other II
equity Such suits were pending for long time, were
I severely Contested and very expensive
| Now. if We lo<k at the bill in New-Jersey sha
| see what patent, il sas thst Day was charged with
infringing In that bill Go 10Y ear sets foth the con-
test between them, Days Infringement and then ;he
contracts OF 1916; but the Infringement Of which
Goodyear complains, j. thus set forth: "sson aer
! sad settle meni and said license said Day commenced
using the improvements specified IN said patents for
the preparation of India Rubber fcs manufacturing
purposes other than those permitted By MS license, IN
violation of said patents aud msde large quanti: es
| of India Rubber" For What Cemented or sewed
or woven elastic goods No. There is not syllable
| OIL that subject. Bu. be ssys .sat he made large
qusn,ities for cdrprings PACKING, hose, boots a~d
| shoes shett.gRp y0Der hands, saspcsder ends, asd
other articles prepared b the o sulphur and alec
by the use Of sulphur and high degree Of Gr6.IaI
beat - NVw the testimony in This case shows beyond
oil question, II at boy had all this time been n,skiug
noreA elastic, as VtH as eesaented goods and yet
GoodJ Jear complains against Day in the Circuit Court