The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1866-01-04
IMPORTANT CASE.
The Book Publishers Lawsuit De-
cided--The soOG VII of the
Household EtiMOa OF Dickens
Horl-s

- Works.
- From the f'ew YORK Post
i The suit Of IIessrs. Sheldon L co
o. the publishers Of this city, sgainst n
e. d. O. Houghtou. (now Hurd d Hou q
D. toni Of Cambridge, Massachusetts. III
P proprietor of the American Household
E. Edition Of the works Of Charles Dick
r ems, Conserving the good viii of tia
publication, has just been decided b.
Judge Shipman, in the United State
y Circuit Court Of the Southern Distric
r of New York. Reference has slready
been made 10 this suit The case hai
q involved msny singular and intricstt
:, points, mostly growing cat oil trade
}. usage or business courtesy; and these
+ the Judge took into consideration IN
+ delivering his opinion
We give d mere outline of the most
important questions ia this case. About
the year 1851, O " Wright projected
the publication in this country Of a
uniform and complete edition Of the
works Of Charles Dickens, which are
not the subject of statute copyright
in the United States. Mr.. Wright
made arrangements with Messrs wills
liam A. Townsend & Co, and with Mr.
II. o. HoughtOn, for the printing snd
publishing of the edition; and after
some changes had occurred ne trans
ferred to Mr. Houghton the good will
and right Of publication, under the
custom Of the trade Of this edition
several volumes had already been pub
llshed, and thirty volumes remained to
be issued. The transfer was made
prior to December q, 1861
1t is stated that the good will and
right of publication are founded upon
the implied regulations that are usual
ly observed in the book trade. When
person or firm regularly engaged IN
that business has undertaken the print
ing and sale of work not subject to
copyright, and has actually put it upon
the market, other publishers and
booksellers respect the trade priority so
acquired, and do not enter into competi-
ton. The publication of the book be
comes, therefore, what is called good
will in the hands of the person who has
last published it. The operation Of
this custom is particularly applicable to |
works OF foreign authors Of established |
reputation. The good viii is often
very valuable, and becomes the subject
of contracts, sales and transfers by |
publishers.
On the 9th day of December 1861, /
the agreement between the parties to |
this suit, respecting which the contro>
versy arose, was made. Messrs Shell. |
Con * Co., were to become the publish
ers Of the work, under certain specif-
cations in regard to the cost, division
of profits, etc. The contract was for
three years, and was 10 continue until
one party had given the other party
one years notice, in writing, of g wish
to bring it to close.
The business proceeded under the
contract, and the sales appear to have
been large. 1t is claimed that the par
ties became, in proper sense, partners,
and that the right of publication, good
will, DC, became partnership property,
10 be held and disposed of for the Joint
benefit The plaintiffs, who are emf
nent and well known booksellers, urged
that by reason of their exertions the
good will of the edition and the right
Of publication became Of much greater
value than before the partnership was
entered into, and they estimated that
it was capable of being sold for $4,000
On the 9th of December, 1864. at the
end of three years, the defendant, Mr..
Houghton, gave notice Of the termina-
ton Of the contract on the 9th of De-
cember, 1865.
Messrs. sheldon Il Co brought suit,
and urged that unless the publication
1
the same manner as before, the good
will would rapidly deteriorate and the
plaintiffs would suffer irremediable in
Jury They prayed for relief, by order
Of the Court, on the ground that the
business to be settled was as between ,
partners, whose interests were to be
considered and adjudged in equity; and |
they moved that receiver be appoint
ed tocontinue the publication rs here
tofore until fnsl hearing of the cause
OF until the further order Of the Court.
Judge Shipmans opinion embraces
all the points urged by the counsel, and
he decides that there is really no dis
agreement except in reference TO the
- good will" involved, and that his
Judgment must relate solely to that as
set or incorporeal property" as he
terms it. There was, he said, no con-
nection or mutual dependence between {
the good will in this case and the print
ing machinery, etc, of the defendants;
and it had been held in law that good
will could never arise as an asset of q 4
partnership where the parties only con- /,
tributed as capital their professional
skill and reputation, however valuable
these may be He,Went into the inquiry
in regard to the foundation Of the good
will be was asked to treat as property
by continuing the operation of the con-
tract 1t confessedly rested on no right
conferred by statute; it had no sup
port from common law, and none from
place or material partnership property
If it had any foundation it was only in
courtesy or custom But the custom
vas alleged to be reasonable.
The Judge declared it was very far
rom being legal custom, furnishing q q
Iolid foundation upon which the courts
,ould act 1t rested entirely upon Il .
nrbearance of the men in the trade.
Nothing except new matter, new illus
rations, etc, could operate to secure
exclusive right of publication Of foreign
FORKS in this country under our laws;
md the right would, OF course, only
over what was new OF the wisdom
# the policy of the Government, Judge !
Shipman remarked that he had moth
ng to say He denied the motion OF
he plaintiff for the reasons already
,iVen, and for this additional one, that
( the Court should extend the time of
he contract for period of years, and
here should still be disagreement
bout the good will, the Court could
,nly decree that thst should be soda
decree which would be "only productive
# mischief to the defendant and the
public, without comforting any benefit
Upon these plaintiffs, for the sale of this
advantage called good will would bring
nothing, as it would be worth nothing"