The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-01-26

" Another Hndss Rubbsr Inju etion.k (;
1he kes OaleAas Oeaa, q the 1911 hfsrgs Us the o.
csou OF Judge Mccsec CT the United States Court there
broash, suits against thirty sevca Gazing lrrs there
test c.s So Heaoe 4. Injunction was sSantea Ia al the
euiG rArirg the defendants rom making using or
.no oonaed vsaneS india rubber
whether oemented, woven, scwed otherwise made.
without having first obtained license from Mr. Day;
na "sSSo.son q preliminary s uuHsoa was asay
subted for the dcoifion Of the Court Monday last
both oral and printed well as the dcods introduced AZ
evidence in the Case Undor the pressure of constant
gasrmens IN court during the day, has been mposs
ble for me 10 draw up written opinion, expressing At
NJ Vows Of tho various questions involved in the
controversy; and sha, therefore, content myself with
able and Ingenious arguments presented by the various
counsel who have length discussed the subject In all its
to do Il this stage Of the proceedinss The Application
y for preliminary injunction TO restrain the defendants
from infringing the patent Of the oompainan,s - re-
strain them rom making, using or vending any shrred
corrugated elastic india rubber goods of every
scrpsicn. containing rubber vucanlxcd according 70
the specification Of the patent issued to Charles Good
year. tho 18th of June 1874. reissued an amended
Specification OF December 2 1919 and extended for sevea
years from The llh Of june 1855 and the complainants
Day and Hay contend that the exclusive right to this
patent In the manufacture and sale Of goods Of this DO
scrption. Ia vested in them The allegations IT the
under the patent their long possession the judicial rccog
milton Of their rights in other cases. and the Infringement
evidence, 4. least such proof Is win according 10 the
well recognized practice in such cases. justify the Courl
IN granting an nterlocutory injunction The Court with
the evidence which has been adduced in support OF the
pa ent rights OF the COMPLIMENTS cannot justly compel
them to wait for the protection which injunction would
give them, unt, trial at law would be had In order
establish the validity Of their patent But pass
unnoced tho important tact that full and regular trial
has been the Nary District and that the Juige
OF that district has, in clear and explicit terms,
tanned the rights Of these compliments in precisely
similar 70 the one now under consideration. To ouaer
I'm aftra
have upon Of this Court the counsel for the
defendants Set the contrary opinion Of Judge ngerso
between consists the fact that in the for
there full and regular trial upon the OF
ton for preliminary Injunction merely In The former
the Court ordered final udgmsnt making the injunction
perpetual But assured that applications
have been made In other districts, as for instance in
South Carolina Ohio and Illinois, and the njunctons have
uniformly been granted. wish it to DO under
stood, however, that have read with care
the opinion Of Judge Ingcrson, and while my
mind has been struck With tho care and ability
he has displayed IN the investigation of tho
merits OF the controversy have been cogcntly In
iuenced by what humbly consider the practical
and common sense view taken by Judge Giles Of the
which the companants rely in the assertion Of their
rights. has been well said that there is rule Of law
which better settled or more important for the security
Of titles than that which requires that deeds shall speak
for themselves; that they alone to be listened TO- in
order to ascertain what the parties meant in transactions
reduced to and evidenced by sealed instruments; that
their language be understood, il is to be read and
ccivcd in its natural Taking this familiar rule as
the restriction conended for sv the defendants can be-
put upon the true meaning and legal effect Of the words
which describe the subject matter Of the grant in the
deed of the 10Th October 1885, from Goodyear to Day,
viz he exclusive right license and privilege to make,
to use and vend shrrcd corrugated goods" The de-
PENDANTS contend that these words in this instrument
to be read as the graner had said my said shirred
corrugated goods That is to say that the grant
one particular kind Of srrcd or corrugated goods This
limited Such construction might be readily admitted,
If Goodyear at the time he made the grant to the COM
panant Day had only been tho owner Of the pens for
parslar kind Of shrred corrugated goods when
We look 10 the facts roced in the decd find that bc
sides these two patents named in the recital for what he
denominated srred or corrugated goods, Goodyear is
the inventor and patenee Of vulcanzcd rubber which is
capable Of being applied, not only to SHRED or
patent for the method and means or making those
| goods, but IL is also capable Of being applied TO
canized rubber makes important part not only Of
that kind Of shrod goods which Goodyear had invented
but Of any which he or anybody else either previously
cal Of deeds aided by the elaborate arguments coun
se am satisfied that Goodyears grants and contracts
show that he did not refer to particular kind Of shrrcd
goods but to any and all kinds, whatever might be- their
fabric method Of manufacture My opinion In favor Of
the rights Of the compliments is furer confirmed by an
examination Of the grants and covenants Of other instru
msrta aSduced in support Of the allegations Of the bill
DETAIL and mot deeing necessary to do this time
for tho reason already given SHALL without further re-
mark or comment, grant the preliminary injunction
true copy Of the original.
NKw ORLEANS, Jan. Is, 1860.
Attest j. W. GUIuEY, Clerk.
STILL ANOTHER INJUNCTION on THE SALE OF Wi.
CANNED RUBBER GOODS.
ST. Lous, Jan rs, 1860.
Tic argument in tho cases brought by Horace H. Day
against soe twenty four firms in this city for infringing
his rights by the sae Of elastic yulcanzed India rubber
goods, was commenced before Judge Treat yesterday.
This morning the Judge granted the nuncons restrain
ing tho de endants from further selling the goods com
planned Of without a license from Mr. Day.