The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-02-19

ask your HonOr's attention, was made The Maui
usSs Sey naS the sf ny 'R a o 1sS
goods other than those described in GO0dyears pa
ients for those goods. They had not the right
they had never had any license, to apply vulcanized
rubber to the manufacture Of shirred goods under
those patents, or to use those patents in any
manner
Now, what we undertake to maintain is, that by
this deed from the Naugatuck Company to Charles
Goodyear, there was reconyeyed 70 Goodyear nom
the Naugatuck Company the right to apply vul.
canized rubber to the making of other kinds OF
shirred goods than were specified In his patents;
deed was conveyed to Charles Goodyear, from the
Naugatuck Company, the right to make shirred
goods under the patents. In other words, they
maintain that the deed from the Naugatuck Com
Company never had or owned; and did not convey
what they did have and own That is the position
which they maintain in reference to this deed.
Now, suppose, il is q fundamental rule for the
Interpretation OF deeds, that they are not to be
deemed to have been idle ceremonies; they must
be allowed to operate, il by any construction they
can be made operative, valeat guam pereat; and,
therefore, if the language which was used by
these parties in this deed were ambiguous and
difficult Of Interpretation, any doubts would be re-
moved by the necessity of so interpreting the deed
as to make it pass that which the grantor owned,
and not to attempt to pass that which he did not
own. ! conceive, however, that when you come to
look at the deed you will find there is room for
any such doubt or ambiguity; that its express Ian
conclusion for which the other party contends.
Mr.. Brady-Suydam had not the extension.
Mr.. Curtis am aware of that; neither had the
Naugatuck Company any license or right whatever
in reference to the manufacture Of shirred goods
under Goodyears patents for the goods; Good
year did not own those patents, and could not con-
vey, and did not attempt to convey, anything I'M
der them to the Naugatuck Company. / am going
to deal with the subject OF the right to the extern
sion in the Naugatuck Company presently in ano-
Their connection
This deed is found on page 25. of the pamphlet
printed by the compainants. 1t begins by reciting
the indenture which constitutes the license made
by Goodyear and the Naugatnck Company, bearing
date the 18th Of July, 1874, by which "the said
Charles Goodyear gave and granted unto the said
Naugatuck India Rubber Company full and abso-
lutte license to use any and all his preparations of
India rubber, and improvements in the preparation
OF India rubber, for manufacturing cloths or any
other article of merchandise, or any article to
(which the same may be applicable for and during
the unexpred term of all patents issued to said
Charles Goodyear, bearing any date whatever; and,
further, in said articles will more fully and at
large appear"
Now, if your Honor will observe these recitals
you will perceive that they do not contain word
machinery What they say is, that they have ac-
qured from Goodyear a full and absolute license
to use any and all his preparations of India rubber,
and improvements in the preparation of India rub
Der, for manufacturin cloths and other articles of
merchandise; no allus;on is made to the shirred
goods patents, nor to the machinery for making
them. " And whereas the said Naugatuck India
rubber Company has agreed to, and with said
Charles Goodyear to release and assign and trans
fer to him all right, license and privilege which
they hold (not which they did not hod), under and
by virtue of said indenture, to use the improve
ments of said Goodyearia the preparation of sfrred
or corrugated goods, India rubber pipe" &c. All
which they held. AS is agreed on all hands, both |
by the learned counsel on the other side and our
selves, they held the right to apply to other kinds
of shirred goods, vucanized rubber, and not the |
right to apply it to this particular kind Of shirred
goods described in Goodyear's patent for shirred
goods: And then they go on and say. after this
indenture witnesseth that the said Naugauck India
Rubber Company, for and in consideration Of the
sum of one dollar &C., have RENTED, released, re-
assigned, transferred and granted unto the said
Charles Goodyear, and do hereby remit, release, re-
assign grant unto the said Charles Good
year, his representatives and assigns all and singu
lar the right, license and privilege which the said
Naugatuck India Rubber Company has, claims or
possesses under said indenture so made with said
Charles Goodyear, or by any other means whatso-
ever to in the preparation of any shirred or cor
Goodyear Claimed 81 SEsSg te, Ct said
of which he may be the inventor or possessor;
and also any right which, by the means aforesaid,
or otherwise howsoever, the said Naugatuck India
Rubber Company may have to manufacture shir-
red or corrugated goods"
And then, not content with that they proceed to
covenant that after the first day of January, lS47,
they will not manufacture or cause to be manu-
featured, or be directly or indirectly concerned in
the manufacture of shirred or corrugated goods"
Now, submit that when there precedes this
grant to Goodyear covenant on his part
that he will get from the Naugatuck Company the !
right to make such things as he has intended |
to assign to Mr.. Day the right to make-and when |
he proceeds to take from company which never
had any right license under his corrugated goods
patent, what they call reassignment of all right
and title to make shirred corrugated goods-and
had not the title to make shirred or corrugated |
goods under the patent, had right or title to |
make other kinds Of shrred goods submit that !
this is that conveyance OF other kinds which he has
obtained in order to Salty his covenant with Day.
And in precise accordance with that he proceeds
Immediately afterwards to assign whatever he got
from the Naugatuck Company to Mr.. Day.
For and in consideration of one dollar to me in
hand paid by Horace II. Day, and in pursuance of
my covenants and stipulation to do, /, Charles
Goodyear have assigned, transferred and set over,
and do hereby assign transfer and set over to the
said Horace H. Day, the within license and priv
lege lit being endorsed upon the original license
deed which precedes this), and all rights thereby
granted and conferred, and all the assignments |
thereof, In order that the said license may be |
cancelled" !
Now, desire to pause for moment, to saya |
word two as to the legal effect Of this. Goodyear
had transferred to the Naugatuck Company, en- |
braced in the general grant, the right to apply vul-
canzed India rubber to shirred or corrugated goods
not made according to Goodyear's patent and he |
has taken reassignment of it to himself He had |
previously covenanted that he would obtain from |
the company the ffght or license 10 make any art-
cles which by the before mentioned agreement Mr.. |
Day was licensed to make, and that he would assign
it to the said Day simultaneously with the execu- |
ton of said articles. He says he is making this |
assignment in pursuance of that stipulation, and he
uses language which, in point of law, is amply suf
cient to pass to Mr. Day whatever right title had
been assigned to himself by the within instru- |
ment, and to vest it in Mr.. Day. He con- |
cludes by saying that this assignment has |
been made to Mr.. Day in order that the said |
license may be cancelled. What is the meaning of |
that? 1t can have but one meaning. 1t cannot |
mean that the original deed of license to the
Naugatuck Company is to be cancelled, for every
body knows that it is not to be cancelled.
This right has been taken out of its operation by
reassignment but the deed is to stand and all other
rights under ii are to stand. Idoes not REFER there
fore to the cancellation of the deed; it refers to
termination of the right, by taking out of the Nau
gatuck company, and putting it into Mr. Day. y is
have selected for that purposes that is, to merge it
in Mr. Day title and thus terminate il by the means