The Providence news. (Providence [R.I.]) 1891-1906, 1902-01-22
Judge Sets Aside vsTdlGi In
Favor Of Tooth Crown CO.
-.rsrsl Il ..4.
TEN MILLIONS WERE INVOLVED.
Had Verdict Been Permitted 10 Stand That
Vast Sum Might Have Been Collected
10 Royalties

New York, Jan. 22--In decision hand
ed down yesterday. In which he set aside
a verdict because OF coilusion between
the complainant and defendant, Judge
Townsend. In the United States circuit
court, may have prevented the collection
OF royalties amounting 10 millions of
dollars.
Because OF the original decision Il was
said that dentists throughout the country
have paid hundreds of thousands of dol
lars rather than contest actions that
We're brought against them.
Judge Townsends rather strong ar
raignment was In one OF the numerous
suits for royalty brought by the Inter-
national Tooth Crown company, which
was organized by DR.. Luclus T. Sheffield.
who died last September. for infringe
ment of bridge work patent
Dr. Sheffield claimed that there were
royalties aggregating $4,000. 900. because
dentists had infrlnged a device which he
controlled The company obtained a
judgment against the Hanks Dental as
sociation for $500 on Oct. 81 1901. while
the decree set aside yesterday was OBJ
tained on Jan l. 1900
The case in which collusion Is charged
was brought by the International Tooth
Crown company against James orr Kyle.
a brother-in-law OF DIR. Sheffield. and in
setting aside the judgment Judge Town
send said:
This cause having been heard upon
the petition of Allen ca Bennett ct al 10
Vacate and annul the decision heretofore
entered herein. and upon the afhdavits
and arguments OF counsel In behalf of
the said petitioner aud the said company.
the International Tooth Crown company,
IL appears to the court that the pro-
ceedings therein were procured by collu-
sion between the complainant the In
ternationsl Tooth Crown company, and
the defendant. James Orr Kyle. and that
there was no real controversy between
them, II Is hereby ordered, sdiudged and
decreed that the said decree. 10 wit. the
decision entered on or about the first
day of January 1900 be and the same is
hereby vacated and annulled and that
this cause be dismissed.
IL is further ordered that the Interna-
tionai Tooth Crown company pay the
disbursements incurred In the said appli-
cation for the vacation OF the said de-
csion."
Or. Sheffield, in the name OF the com
pany. began his action against his
brother-in-lsw in 1895, claiming. as he
did in hundreds Of other cases royalties
between the years Of 1892 and lsss There
are between 20 and 30 similar cases iu
the United States circuit court in this
district.
In conseauencs OF the original decision
against Kyle, II is said that dentists ef-
fected settlements out of court To pro-
tect the interests OF dentists the Dental
Protective association was established
and $4,000 raised to contest Sheffield's
claim, and II was the association that
secured the reversal OF the Kyle Judg-
ment yesterday.
In behalf OF the Protective association
afhdavits were submitted 10 Judge Town
send showing that the expense OF the
suit against Kyle was paid by Thomas
NJ. Hillsrd. John N. Grouse. chairman OF
the association. made an affidavit in
which he said that Or. Sheffield offered
him a Thousand shares of the Inter-
national companys stock II he would as
sist DIR. Sheffield in obtaining judgment
against some OF the prominent members
of the Dental Protective association.
With these judgments. IL was alleged,
more money could be obtained from den
lists throughout the country. who would
compromise when II wes learned judg-
ments had been obtained against men, +,
bers of the associa ton.