[D8964AAX], Letter from Sherburne Blake Eaton to Alfred Ord Tate, May 15th, 1889

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Abstract

My Dear Mr. Tate: Re Toy Phono. Co. Replying to your letter of yesterday from Boston, just at hand, I beg to say: (1) Whether theme, with M. &. G. which J. signed as President, binds the Company, depends on the By-Laws. But you may safely assume that technically speaking it dons not bind the Company. In such an important matter, the Directors must act formally Otherwise the action of the President would probably be void. (2) Whether the Directors can grant Mr. Edison an exclusive right to manufacture for foreign use, in view of the aforesaid existing mem., is of course a question they must decided for themselves. You say you have not seen that men. If I were you, I would insist on seeing it. It seems to me that Mr. Edison can afford to take his chances that the mem. is void, if the Directors are willing to take a like chance. (3) You say that J. told you that the Directors were going to consult the Chief Justice of the Supreme Court. Probably that is arrant nonsense. The Chief Justice would show them the door pretty quickly. No Chief Justice practices law in his own State. (4) Whether you can get an injunction depends so much on the facts you could set up in an affidavit, and on local law and usage, my opinion given from here, without the facts before me, would not be worth much. I suggest that you take advice on this point from a local Boston attorney. The name and address of the Boston lawyer who represents the Edison Light Co. and the Boston Edison Co., I will ascertain and add at the bottom of this letter. He is an old Boston lawyer of good standing. If for any reason you prefer to go to some other lawyer, I suggest Mr. Henry D. Hyde, of Hyde, Dickinson & Howe, 150 Devonshire St. If you will mention my name to Mr. Hyde, and perhaps remind him who I am, it will set you all right. His firm is one of the best in the City, but very much higher priced than the attorney first above mentioned. (5) It seems to me that if you are stiff, positive and aggressive, you can carry your point. However, the judgment of a man on the spot like yourself, is far better than the opinion, of an absentee like myself. Regretting that I cannot give you more positive advice, and trusting that you will appreciate why I cannot do so, I remain, with best wishes, Very truly yours S. B. Eaton

Recipient

Date

1889-05-15

Decade

1880-1889

Type

Identifier

D8964AAX

Folder Set

D8964

Title

[D8964AAX], Letter from Sherburne Blake Eaton to Alfred Ord Tate, May 15th, 1889

Microfilm ID

128:121

Publisher

Thomas A. Edison Papers, School of Arts and Sciences, Rutgers University