In the District Court of the United States, for the Eastern District of Pennsylvania, the United States of America, petitioner, vs. Motion Picture Patents Company, et al., defendants (1913)

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1176 James J. Lodge, Cross Examination. Melies, in France, and sent to his brother, Gaston Melies, in New York; that is the fact? A. The negatives were made in Paris, and the positives were made in the City of Chicago, by the George Melies Company, and offered for sale, and refused. Q. Then the extent of the business consisted in offering these two films for sale, or lease? A. Yes; that is as far as we got before the Patents Company clipped us. Q. Now, you brought suit against the Motion Picture Patents Company, and the Edison Manufacturing Company, did you not? A. Yes. Q. And when did you bring that suit? A. I think that was some time in the middle of 1909, or was it before that? But you are asking the question ; pardon me. Q. To the best of your recollection? A. I could not swear to the date right now without refreshing my memory — some time in 1909. Q. What was the nature of that suit? Do you remember in what court it was brought? Mr. Grosvenor : I object to this cross examination, except in so far as it may be for the purpose of showing that the witness is hostile to the defendant. By Mr. Caldwell: Q. Do you remember in what court it was? A. The Federal Court, first, I believe, in Trenton, New Jersey. Q. What was the relief that you asked in that action? A. We asked the Honorable Court to compel the defendants, the Edison Manufacturing Company and the Motion Picture Patents Company, to recognize us the same as any other of its licensees. Q. In other words, it is in the nature of a bill for specific performance of an alleged agreement to give you a Patents Company license, is it not? A. No, sir. Q. Didn't you ask in that bill that the license agreement which you claimed to have been executed, be delivered to you? A. Physically delivered, yes, but we claimed that it was executed and the minds met, as you lawyers say — Q. (interrupting) : In other words, you asked for a delivery of that license? A. And compel the Patents Company to recognize us and to treat us the same as other licensees.