The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1888-01-11
THE MOTOR GETS INTO COURT.
A Suit Which May Force KeeIy to Show
His Hand.


His Hand.
PHILADELPHIA, January THE latest
development concerning the Kelly motor
is an Injunction which was granted Tues
day against Mr.. Kelly. Bennett G. Will
sonis the complainant, and from the array
of eminent lawyers who appeared for him
in the Court Of Common Pleas No. 3, it
seems that there is now a possibility of the
world knowing in the near future more of
this inv ention than has heretofore been
gwen to it. Complainant Wilson is repre-
sented by Rufus E. Shapley, A. L. S.
Shields, and the patent lawyers, j. Bon
sail Taylor and United States Assistant at
torney General William G. Strawbridge.
In the bill of equity, Wilson says that in
1868, while buying and selling furniture in
this city, he engaged the defendant, John
w. Keely, to varnish furniture. After be-
ing q short time in the workshop Wilson
discovered that Kelly was of an inventive
turn of mind, and was DESTROYS of invent
ing omething to generate and utilize pow
er. DON after Keely entered into an agree
me- with Wilson to give his attention
to making and patenting of inventions.
WI IN was 10 find the tools and materials,
aDC ay the necessary expenses of such in
vel ons as Kelly should make. Wilson
furIner says that Kelly agreed that
all inventions 50 made, together
with all letters patent obtained
should be owned half and half by himself
and Kelly, and that Kelly from 1863 up to
about 1873, in pursuance Of this contract,
devoted himself to the making OF inven-
tions, Wilson finding all tools and materi-
ais and paying all expenses. Prior to
August IA, 1869, Kelly, under the agree
ment, invented and reduced to practice
the "Keely motors" and on the 14th OF
August, 1869, he assigned to Wilson lone
full half ownership of the above described
principle or machine, and also of all i'm
proven ents that may hereafter be made on
the same, and also one-half of all the mon
eys that may derived from the sale or ex-
hibition of the same"
In his bill Wilson further claims that
late in August of 1869 Kelly said it would
soon be ready for sale, but he wanted
funds, and Wilson furnished Kelley with
money. Kelly then made an assignment
in writing of his whole right and title, with
ell interest in said invention, to Wilson.
WilsoG alleges that only recently ne be.
came possessed of the knowledge that the
machine now called the "Keely moter" is
the same in construction and mode Of oper-
alton as the motor made by Kelly in 1869,
and that year assigned to Wilson. The
bill pIays for an Injunction restrain
ing Kelly from removing the machines
or nodes known as the "Keely Motor"
from the places where they are situated,
end from changing or varying the con.
stTuction or mode of operation of the came /;
also for an injunction restraining Kelly
from selling or assigning the inventions.
| The bill also asks that an order may be
made compelling Kelley to exhibit to the
complainant all models, machines, and
drawings of the invention referred to in
| the assignments to Wilson, and that an or
der be made compelling Kelly to fully dis
| close the invention and the mode OF con-
structlpg and operating it.
The court is further asked to order Keely
to file proper applications for letters patent
for the motor, and to execute and deliver
to Wilson due and proper assignments in
writing of the whole title and interest in
and 10 the invention. 1t is further prayed
that Kelley may be compelled to account
for and pay over to Wilson all gains and
profits that have been received from the
unlawful use of the invention, and that
| Kelley, in addition, be decTeed to pay the
damages sustained by Wilson from sucI
unlawful USE snd that said Eeely may BIZ
decreed to psy the cost of the suit.
The usual temporary injunction wa
granted. The case will be argued in few
days.