New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-08-10
|. t. BURDEN WINS POINTS
He and His Lazcyer Much Pleased
by Judge Ray's Decision.

L Townsend Burden and his attorney. Robert l.
Cutting, much pleased with the decision HANDED
down by Judge Ray. Of the United States Circuit
Court. denying certain exceptions taken by James
A. Burden to a bill OF complaint fled by his
brother in the litigation involving certain royalties
patents claimed by James - Burden. the news
OF which was given in The Tribune Saturday.
1T is the most encoura gng thing that has yet
happened for IN the OF the litigation
said Mr.. Cutting yesterday. land II makes us feel
that we have every chance OF winning IN the ap-
plication for injunction which will be brought
and in the suit which will afterward be tried be
fore the same Judge. The decision admits evidence
which was not allowed before the Appellate Dtvi-
sion of the state Supreme Court and which IS very
essential for We have been losing for a
long time. but have every chance Of sue
cess"
The decision handed down by Judge Ray
several points in the suit. and is said by Mr.
Cutting sustain the claims of his client every
point touched upon The decision in the first place.
denies exception TO certain phrases in the bill of
complaint said to be 'scandalous and impairment.
which charge that the OF James A. Burden
dependent their father. and that James A
Burden is practically insolvent. These points are
considered important by both parties because the
former will allow the presentation of evidence that
certain actions alleged 10 have been taken by
James A. Burdens sons. nominally in their fathers
interest fraudulent. and because the latter
will allow proof that the payment OF the money
in dispute should be stopped during litigation, as
Mr. Burden would not be able TO repay II IN case
holds that the decision of the Appellate Division
has not covered the points in dispute before the
United States Circuit Court. and that the case IS
still open for trial, and airms that in case the
allegations of the complaint. set forth with parJcu-
larity, true, the complainant has good cause
for action and is entitled to some II not ALL OF the
relief prayed for in the complaint
The litigation between / Townsend Burden and
his brother has been long and costly. II arises
from disputes the management or a concern
for the manufacture of horseshoes, which belongs
jointly TO the two brothers In 1881 the concern
became joint stock company, with 200 shares, OF
which James A Burden held loo shares. l. Towns
end Burden 9S8 shares. and John p. Arts two
shares. 1t IS understood that Mr. Arts was sup
posed to act a. umpire between the two brothers
but Mr.. Cutting says for his client that since the
formation of the company Mr.. Arts has steadily
voted for J. a. Burden and against his client
virtually deprving the latter OF all snare IN the
mana cement of the concern, and that J. A Burden
has given to his three one share apiece
and made each a trustee OF the company, thus
placing I. T. Burden in still more impotent posi-
ton.
the directors who are alleged by / q. Burden 10
be acting in the interest of j. A. Burden. have
voted 10 pay to j. A Burden $4,000 year as roy
alties certain inventions The prohtS or the
concern are divided equally between the two broth
ers and 1 T. Burden alleges that the royalties
that the expenses OF the experiments were borne
by the company and that the inventions were
made largely by employees OF the company, so That
]. A. Burden has claim to the royaltleS from
them. asserted that, as the royaitieS are eN-
cessve the whole performance IS a fraudulent
scheme TO deprive I. T. Burden OF his full share
OF the profits of the concern by paying this money
from one of J. A. Burdens pockets into his other
before the profits reckoned up.
Application will now be made for an injunction