Brief for appellees motion picture patents company and Edison manufacturing company (1913)

Record Details:

Something wrong or inaccurate about this page? Let us Know!

Thanks for helping us continually improve the quality of the Lantern search engine for all of our users! We have millions of scanned pages, so user reports are incredibly helpful for us to identify places where we can improve and update the metadata.

Please describe the issue below, and click "Submit" to send your comments to our team! If you'd prefer, you can also send us an email to mhdl@commarts.wisc.edu with your comments.




We use Optical Character Recognition (OCR) during our scanning and processing workflow to make the content of each page searchable. You can view the automatically generated text below as well as copy and paste individual pieces of text to quote in your own work.

Text recognition is never 100% accurate. Many parts of the scanned page may not be reflected in the OCR text output, including: images, page layout, certain fonts or handwriting.

25 stood was the general scheme of selling stock so as to interest in complainanV s business a long chain of licensed exchanges. Number was the essence of the scheme." Many side-lights throughout the testimony make it clear that the language used by Mr. Dyer and Mr. Lodge not only meant what it said but that it was interpreted in its broadest sense by the participants;— that they did not, at the time, make the mental reservation that an i^idividual was not, strictly speaking, an exchange, or a chain of exchanges, though he might own or control one in whole or in part. Thus it is clear that Mr. Lodge was called over to New York because he had offered stock for sale to exchanges, or those interested in them. The telegram from the licensees, on which Dyer acted, read, " We oppose Melies Carter proposition offering stock to exchanges.'' Melies at once telegraphed, Edison objects your stock selling scheme." The significance of this point could scarcely have been brought home harder to Mr. Lodge's mind than by these messages, followed by his enforced hurried trip from Chicago. To leave no possibility of misunderstanding in his mind as to the importance of this condition that no stock should go to anij one interested in any Exchange, Mr. Dyer took pains to explain at length the theory underlying the requirement (pp. 336, 355). It seems to have been perfectly understood by all the other parties in any way concerned that no stock was to be sold to Exchanges, or to anyone connected with them. The condition had been foreshadowed to Lodge in his contracts with Melies of June 19 and August 3: (Page 770.) "Said George Melies Company agrees that at no time or under any circumstances shall any person or persons, firm or corporation engaged in the manufacture or sale of any negative or positive fihns for moving pictures, other than as proposed by the George Melies Company, be allowed to hold stock equity or office in the said George Melies Company as far as it lay in its power to prevent same." (Page 779.) "8. It is further agreed by both parties that at no time shall any person or persons, firms or corporations engaged in the manufacture