New-York daily tribune., 1865-12-28
LAW INTELLIGENCE.
UNITED STATES CIRCUIT CorRT-sorTHrRs DIS
TRrcT OF NRw-YoRX-DEc. %.

Sheldon { Co.. eat. IT. q. Houghton.
~ JThia IL a case Of noval INN


SmrMAS, J.-This is case of novel impression.
am Of opinion thst cannot be sustained either
principle by the application Of any oi he authorities sub
the Argument which have been able to
discover after a somewhat dligat search.
full discussion Of the vital points III the Will not now
be stiemped and shall therefore conhne myself to brie
notice Of such features Of will disclose the grounds
which this motion IL denied.
The fret material allegation Of the bill sets forth that by
the the trade Of booksellers and Publishers In the
United States where any person or firm engaged IN that bu
has undertaken the printing, publication and sale Of
book the subject Of statute copyright, and has actually
printed published aud offered edition Of such book 10 tho
public for sale other persons snd firms tie trade hav
Ing the trade priority acquired In the publication
and sale of such book the particular edition thereof refrain
from entering competition With snch pUbsher by pub
fishing such book In va edition. and thereby. aud by
and operation OF tie custom Aforesaid the publication o
such book becomes goodwill In the haDd Of the per.on
firm Is publishing tho where such book h one for
which there an extensive popular demand and especially IN
the case OF foreign authors Of established reputation whose
works subject Of statute copyright n this country
and that such goodwill j. often very valuable and is often
made tie .uhec, Of contracts sales and Transfers among book
Ii !. also sScrIed in the ba 'ha such custom is
be one aud tends To prevent injurious composition IN bust
and 10 the Investment Of capital In Publishing enter
prises that gre Of adyiatsEe 20 the reading public
The hill then sets forth thai prior TO the yer sol one o.
W. Wight projected the publication OF uniform edition OF
TIE works Of Charles Dickens dtrgished author OF Great
Britain whose works not the subject Of statute Copyright
In the Uued states aud who author Of great reputation
in the United States well Crest Britain out whose col
ccted works had not at tht time been published and
sold in the United states Ia uniform edition md m the 'tye
projected by said Nist. That the ,nd Night contracted
with w A. Townsend Go. for the publication Of the ed
Henry Hougton the defendant herein, for the manuac
ure Of siereotype plates nom which g. pnn the same ma
James O. Gregory tuccso ded to tie business oi w y
Townsend Co.. and that ,ubsequeny and sometime prior
to the z7th Of Deeember g6l the s wight sold and ir,n-
crrcd TO The aid docudani. oushfon. the good viii and
ah Of prbca,ion under te custom OF the rade oi the
The bill then sets forth and upon tho following
suit, Dec q. 1851.
ermher A. D. 1861 in the ftv Of New YORK. by ana between
Henry o. Hougtton Of the City Of Cambridge and state o.
NJ, saclsei Of the ira, plI, aud Sheldon Co. publish
ers (con pnsing The 9lio~hs gT,on, 'H smith shedon'
Hezekah shsier, Mcnnctbou NJ huTt and iaac l. slcd9
OF the City and State Of New fog Of the 'econd port VIZ
nesseth hcrea. psrty Il the p.f j. the proprietor
Of the Household Edition of The works Of Chare Dken,
heretofore published by w. A. Townsend Co. end lne
o. GesoTyi aud "eien ihe party 81 ihc second pai %
OF becoming tie pub.hofs o tho sa1e 'he following
point. asrcd TO- by and between the contracting prs
The profits Of each yoone aLai b. equ,Iy oNlord u
tle two parties O. tif contract si prom cor hf
the oecneo between tho acus co.t Of mnuisouns zach
volume sd The WLoe,ac pce 81 TIE seine 'sh Psc '2k"
tcd rermaEeuv fI fhb contract D. concern 10 htT
cents and The ray o. he ,seond ai a,rss, 70 ~ nc
tha, pncc ercop'n small !ois asd on tds acooun -"
cost manufacturing sha he nfde up b, aid parry ~ -
hrst vsri by charging tho T.p ud Ct G - ihe In'ns ~
usua fa'ss 'of Of similar c't and according 20 he
numbers ordered aud iht regular r.ce i folding coats
,s leave. and tissue Eapcf sd1'ns thereto the COG q Plate
paper printing plstcs cases tnd any
l. ultimate belong 20 the manliaCarr % tto poos
T. TIE cxpcrso Of crcar AMI aivcfns q the tsres =
ic divided equally between each party t-Curas socouu'
and Jsnaa Ia each yesg the balance doc iio 'D' pay
10 be paid 20 'he ois % cash 4te 'a.nt o. "',u.'
A.[
b. Regulated hy muiuai afrc1nen'. r. .A...i..,
.r q ~. me F,,! & Of - u. =, -, I .s & !, .''- .s
edi'os rurfet the number q two hurifei and hf1
css aii s5aiencut o. b. made On Ctrt q adyrrinf
tsu On b. Gs' dys of Jpy aui jnnary Of each yraf an
accurate account 20 be iori q tie coge coaed ana 20
whom gwen by TIE psfty n The tfcoNd pat.
4 Ic party the second part t1 ilo oi ech new Tol.ne
a. Issued two thousand coies. and q iabteu-hi ooion
either Eve hundred or two lus.ici and iy copies imy
aectn best o. all concerned
g. Payfaeus 10 mode by the party oi the second Part "a
the paity o. the hpt p by u0o 4 81 oihs om average
ge al H. ~.
The books 10 be mtde n tie same Il! i" and nliofm
with and inferior quality 90. thc pIrtlous 'oisnes q
the series a. formerly pl5l,hed - '" n Io"nsend
Co. 1 j. &. Glcroy.
= All oopls Of tho books delivered Ia shsei folded ard
Lc party of tho second Pal To be sgbo to he
proper deduction. for binding. 80
g. The party OF the " paF IN corsieTh on ~ e tbof'
20 give 60 thf parry ol tue second N iAe eAeu-"o
rigli T. publish the same. 81
J. nnd a.reed that this contract sla he ~ MI
force binding f0r Tie ~ three y'ats ein ts n
end thereafter until party slsl have fyon 10 tc or,
one yeaG notice in writing, .iWlyng Their "ish 20 slyul
this contract AID n satisfactory hrranseieni car ue
rnad Ion the et,erut each pariys interest IN the me
m arbitrator ha bo chosen by each party, which sad hi
trors sha third arbirltor nId iLeif decon IA ~"
case .h be final and binding g PARTIES In ease eI TIE m
,oyepcy or death Of the ary 4 the r part of ne nsoF
eucy or ch dsouon the hm ~ The party 81 the end
psrf sha unfvofably affect iner standils and credit
sbai be considered the though tie thee years lad
expired and the years notice 81 desire 20 terminate te
settle the matter proyd above, & ls parties Le
ecutors cannot gree 20 settlement.
signed and sealed in the pfciflce - -
HENRY q. HOUGHTON,