The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-12-27

frsn''g MAJ 70 NJ Tiwnas riat, tssosgs' =
had bssa dc prao.ee % supply .il ~ and salsr om
9e Times messpsp rns. moss y pabisains the Ev
ing Mai had continued without soy interruption until
1884, when the plaintiff Mr. John walter gave notice 10
the propretors Of the Esenn0 Mail that the psstnerp
which then subsised between the papers should DO
dissolved as from tho Slst Of Decsn6sr In snt year
these suits filed for the purposes acy mentioned
The plaintiff in the first suit obtained, the 10th Of
january 1885, an injunction from Vice Chancellor Wood
70 restrain Mr. John Walter from disseminating the pub
LEGATION Of the EvesinS Mad until the hoArins OF the
causes. When that Injunction was grantcA tho Court
expressed opinion that tie length @ lime during sshrh
e Ev ming Mail had enjoyed ne privilege u being sup
piled wi type and matter from TIE London zimes ssigk b,
on important element in the arguments at e hearing Of the
They had since been transferred to this branch
OF the court and now came TO be heard accordingly.
The Attorney General and Dir. Bagshawe appeared for
Jessei and Mr. Haddan appeared for Mr. John Waller;
Mr. Bacon, Mr. Greene Mr.. Craig. hs Speed, Mr.. Boys
and M Pummer were for other parties interested In the
suits
Tho Vice Chancellor after hearing only the counsel
for the PLAINTIFF End those who supported Thorn in the
Chancellor Sir William Page Wood, he should have felt
no doubt whatever TO this stood thus-there
prsors Of the Hys~;n0 Nal ns.srsosr and The other
the proprietors OF the Tnes newspape. Originally the
two papers belonged to one person but In $50 trans
separate partnership In the papers, and this partnership
had been since carried on, under separate aud
0tSuuCt aXIcoueu8 ~ was alleged on D1nAn on the
plaintiffs in the nrst suit that they had right a.
against the proprictors OF the Tima newspaper to
have type and matter supplied to .hsn gralul!ously
e0ch right II must bo founded either upon express
implied contract The Vice Chancellor SIR w. p
Wood seemed 70 have thought that there such
usage might possibly amount the comforting Of
right Tho title Of the plaintiffs in the first suit
from sale BY the poprieors Of the Euenng Mail Of
shares In that paper Bdt IL sale OF shares
in the Ece~ing Mail only, and II there bad BEEN any in
tenton the part Of the vendors Of their reserving any
rights against The Times newspaper, such reservation
would have been found in the instrument Of assignment
but there trace OF anything Of tho sort and
nothing to show that there was any pvity between the
Times newspaper propnetors and the then purchaser Of
tho shares In the Evening Mail That transaction there
FORE afforded ground Tor the implication OF contract
alleged bohalf OF the plaintiffs in the Hrst suit
Tho other transactions from which II was sought 10
imply a contract were thcse-ther, being no actual
right the part Of the Eccring Mail to be furnished
with literary matter and type by the Times news-
paper tho former paper had been for many
years so supplied But could 1t be sad that be-
the propretors Of the Times newspaper had
since 1920 made ssch allowance o. the Fee
ming Mail therefore earact must b. implied against
the Times newspaper, TO continue such asupply4 More
over there was here no consideration moving from the
propetors OF tho Erssiaa Nal 10 those OF the Times
newspaper There was pothing more than permission
on the part Of those gentlemen to the Others to publish
during period Of many years the ariccs dad from
lie Times popr. Had there been anything In the sv
dcnce OF the show that when Mr. Plat purchased
the shares in the Errna Mail there held out 20 him
a prospect OF the OF the permission pub
lsh the Times articles and newa and so ground for
ing shat Mr. Patt paid his money the faith OF such rep
resentation, those who claimed through him might
perhaps, have insisted upon some equity. But there
nothing Of the sort in the evidence anything to
show that the assign0rs OF tho shares in the Evening
Nail had any right to bind the propr.tors Of the Times
newspaper There was, therefore, no contract to be
In which the feelings Of the parties bad much conduced
10 tho arrangements actually entered into-arrange
ments which, II was considered, werc convenient to
every concerned But the Court to say, be-
such arrangements convenient they were
10 be interrupted Upon the whole case It sp.
pearcd there between the porties
either express implied, and that tho bill in sriat
Walter must be dismissed II must be dismissed with
costs, except far prayed desree for d-sout0
OF the partnership, and for There mun he
sale Of the Er.nsrg Ac but the proprietors OF tns
Tia>s consenting to iis publication heretofore until
the sale. Liberty might be reserved to apply With
AsuaCl 10