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

Company Of the right or license to make any arti
eies, which by said before mentioned agreement
Day il licensed to make, shall be obtained and as
signed to said Day, simultaneously with the eXecn>
ton OF said articles" This is important, as the
compliments claim that it appears from the cove
nant ia the memorandum Of agreement" referred
10, III reference to release from the Naogatuck
Company, and the manner in which it was execu-
ted, that more extended meaning should be given
to the term 'shirred corrugated goods" than
has been given to them when considering the
granting clause of the deed first executed by the
parties.
1t should be borne in mind that in that deed,
Goodyear, in addition to the rights which he grant
ed to Day, in reference to ''shirred or corrugated
goods" also granted him the exclusive right, II
and privilege to use his compositions and fab
RIGS, secured TO him (G0Odyear) by his vulcanized
patent, "n the manufacture of India rubber hose,
of the kind patented by said Day; air beds and
dtbs patent cotton hoater, and Days patent chairs
and set,ees.n AT that time the exclusive right to
use Goodyears vulcanized rubber and prepara-
lions and improvements patented, in the manu-
lacture of these articles was in the Maui
gatuck Company. Consequently this latter right
conveyed to Day would be of little if of any
avail, unless u release obtained from the Nau-
gatuck Company. Goodyear, therefore, in that
original deed, after having made the grants con-
tanned in it, covenanted that he would at his own
cost and expense repurchase and cancel all as
sgnments and licenses which had been before
made by him touching the rights granted, except
& Co.. and to Onderdonk a. Letson, so that Day
should have the full benefit of the grant.
by that covenant (although the name OF the Maui
gatuek Company IL not nsentIoned) he, IN effect,
stipulated that he would obtain from that company
a release of the right which they had to use his
patented preparations and improvements in making
any Of the articles which Day was licensed to make.
The covenant in the memorandum of agreement
was not more extensive than the covenant in the
original deed. 1t did not reqNre Goodyear to OBJ
tain of the Naugatuck Company rs much Us he was
required to obtain by the covenant in the original
deed. by the covenant in the original deed, Good
year obligates himself to obtain from the Manga
tuck Company the right which they had to use his
vucanized rubber in the manufacture of "ar beds
and air pillows" BY the "artcles of agreement"
executed Nov. 8, 1916, the grant, so far as it re-
poets lair beds aud air pillows was annulled;
and the principal object which the parties had in
view in entering into the stipulation referred to in
the memorandum of agreement must have been
so to limit the duty which Goodyear was under by
his covenant in the first deed as to free him from
the obligation to procure release from the Nauga-
tuck Company of the right to use vucanized rubber
ia the manufacture of "air beds and air pillows"
There is nothing in either of these covenants ito
show what was meant by the parties, by the terms
"shiTred or corrugated goods"
But it is insisted by the complainants, that these
covenants should he taken in connection with the
release and assignment executed by the Naugatuck
Company to Goodyear of a license 10 use his prepa-
lations and improvements, his vulcanzed rubber in
the manufacture Of corrugated goods, which Ii
Cense, released and re-assigned was, at subse-
quent period transferred TO Day to be cancelled,
and was by Goodyear and Day cancelled. The re-
lease was executed by the Naugatuck Company on
he 18th of December, 1876 after all the deeds re-
atng to the grants to Day we're finished aud COM
peted by delivery. After il was delivered by the
company to Goodyear, it was by him delivered to
Day On the 18th of February, ls47.
The evidence derived from this release to Good
year, to show what was meant by the term "shr.
red or corrugated goods as used in the deed of
grant, is eXtraneous from the deed 1t is evidence
subsequent TO the execution of the deed, to show
what the parties then admitted was the import and
meaning OF the terms "sbirred or corrugated
goods, at the time they were used in the deed.
This evidence is legitimate for this purpose, as
other acts and admissions Of the parties which
took place subsequent to the execution Of
the deed, such as the facts that Day never
pad tariff for the manufacture Of any cor
rugated goods, except such as were made ac-
cordng to the patent Of March 8, 1874; that Good
year always collected tariffs for woven goods manu-
iaotured by other parties and the numerous other
acts and admissions testified to in the many atida-
Wits which have been produced which go to show
that, when the deeds were executed, the parties
understood by the terms shirred or corrugated
goods only SUCH goods as were made according
to the SHRED goods patent. These extraneous
facts all proper to aid the Court in asceraning
what tie deeds really mean, when there are diff
culties in interpreting their language, in c0nse-
quence Of antiquities in the terms used But when
there are 10 such antiquities such evidence il not
resented To. When there are no difficulties in in
terpreting the language used, the deeds must speak
for themselves.
But we feel disposed, in order to see whether
there is anything in the release from the Naugatuck
Company Inconsistent with the construction we
have given to the granting clause OF the deed, to
consider the release separate and distinct from the
other acts and admissions of the parties, which
look place subsequeDtt to the execution Of the deed,
and as ii it formed part OF the deed, and looking
at it separate and distinct, and as il it were o
part of the deed, We will give it our attention
The release of the Naugatuck Company re-as-
signed aud transferred TO Goodyear all the right,
license and privilege which the company had claim
cd OF possessed under the indenture of July Is,
e44 or 10y any other means whatsoever, Ito use in
the preparation OF any SHRED or corrugated goods,
or III iidla rubber pipe, such as Is used by Horace
Fl. Day in his rubber pipe, such is used by Horace
n. bay IN his patent hose, Days patent life chair
and settee, and Gritths patent cotton hoater, and
Days patent boat, any of the improvements by said
Goodyear claimed by any patent whatever, or Of
which he may be the inventor or possessor; and
also any right which, by the means aforesaid, or
otherwise, howsoever the said Naugatuck iadia
Rubber Company may have to manufacture shirred
or corrugated goods, or said India rubber pipe
such as used by Horace II. Day in his patent hose
Days patent lite chair aud settee, aud Griitith's
patent cotton loater, and Days patent boat
The argument is, that this release, made in
pursuance of the requirements OF the covenant
III the deed contained, purported to transfer to
Goody ssr right which the company then had, Ito
use IN the preparation of any SHRED or CORFU
gated goods" any of the improvements OF Goodyear
claimed Ivy any patents; also any right which they
nave, either by such means, or otherwise, to
manufacture "shirfed or corrugated goods" that
the company, then, had no right either to use in
the preparation of the shirred goods, made accord
ing 10 the patent Of March ., ls4l, any oil the inn
provements of Goodyear, claimed by patent, or to
Manufacture such goods according to said patent
and that therefore, the right purported TO be re-
assigned was some other right and that such other
tight WAS the right TO use said improvements o!
Goodyear claimed by patent in the manufacture OF
elastic rubber goods, articles not made according
t. the patent Of March D. s44, which right then was
il the Naugatuck Company and that elastic woven
ubber goods were included in and covered by the
terms "shIred or corrugated goods
II il apparent, from the lndeuture entered into
on the 18th day of July, ls44, between Goodyear
! and the Naugatuck Company, that the object OF
Goodyear was to divest himself of all right which
he then had to any and all his preparations OF
| India rubber and improvements in the prepare
tion of india rubber, tor manufacturing cloths or
any other article of merchandise, or any article to
which the same may be applicable, for and during