The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-09-25
SUPREME C0uRT-caAMDsAs
A Ere Alarm and the Fire Deartment in
Court.


Court.
Before Judge Oierke.
The C2ereldnd Fire Alarm Company The Board
OF metropolitan Fire commissioners 0fhe Metropo-
Titan Fire Department, Charles =. Caesr ana John
N. Chester.-This was motion for al Injunction
order to restrain the defendants during b tendency
OF this action from proceeding In any MINER under
the contract made between said defedants the
Fire Commissioners and said defendants Charles T.
and John N Chester, dated August II, $50, for the
erection OF O new fire alarm Telegram, and re.
straining the defendants Charles T. ad John N
Chester from proceeding with any part5f the work
under such contract and restraining thedeiendants
the Metropolitan Fire Commissioners tom paying
out any OF the public moneys under te contract
until the final judgment OF this court in his action.
AS basis for this application it is set Jpn the af
davits that the defendants advertised folproposals
for plan, to embrace central office wit radlating
metallic circuits; not less than 400 autolatc street
tons, with not more than ten boxes or tations on
any one circuit. The machinery. poles wires and
other attachments to be OF the best qalty and
improved size. That on receiving coy OF SUCH
specifications plaintiffs discovered that tiny were 30
drawn as to describe system OF fire alarm telegraph
patented by Gamewell & Co., which speiacation
necessarily excluded competition from ally person
not owning or controlling SAID "Amerian FIRE
writing to the defendants against this form Of spec
tcation, and submitted proposal Of gstem of
their own, at the same time stating that the de-
PENDANTS desired In the new system for witch they
advertised, to secure the features Of Gatewel h
Co.'s patent that they would be wiling to
purchase those features for fair consideration,
50 that they might compete on an equal foong with
the said Gamewell Co. In reply plaintiffs received
notice IRON defendants that they might dsregard
the said specifications, and that they might raw up
and send In estimates for erecting fire aiam tele-
graph In the city OF New York under the patents
owned by the plaintiffs themselves; that tie esti-
that Of &c 6. T. n Chester '0" to whom inan
twas awarded, by sum Of $22s563 Go.
The plaintiffs further allege that being thu lowest
bidders, they were entitled to the contrat ana,
therefore, entitled to the injunction. The Injunction
ia asked for also on the further ground that ne pre-
sent system is imperfect. unreliable and nnaiapted
to the uses OF tie department., while they hs PLAIN
ts) are prepared to furnish, at less cost perfect
system. and one in all respects adapted toihe use
OF the department.
The defendants set up in their answer and
numerous afdavits that their system now used Is
the result Of the best minds on teegraphy for tue last
twenty years. that 1t embraces the best features OF
fire alarm used In the chief cities of the UntedSaes
and Canada, and that the plaintiffs cannot bald or
construct such perfect and reliable system Of FIRE
alarm telegraphy as defendants. They further deny
every imputatiOn Of unlawful understanding COM
binaton or arrangement between Gamewell Co.,
themselves and the Fire Commissioners, as charged
In the afidavits OF the plaintiffs. Case still on