[LB049261], Letter from Alfred Ord Tate to Sherburne Blake Eaton, May 7th, 1891


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[LB049261], Letter from Alfred Ord Tate to Sherburne Blake Eaton, May 7th, 1891




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


May 7, 1891
Major S.B. Eaton,
Edison Building, Broad St.,
New York City.
Dear Sir:-
Re Attatchment v Toy Co. Replying to your letter of 6th instant, Mr. Edison has already advised you that he has decided to continue this suit in order that we may hold the goods for as long a period as practicable, pending the completion of the negotiations now being conducted by Mr. Insull with Mr. Madden.
You ask in your letter to myself under date 5th instant for a statement of the different classes of property now stored at the Works, in reply to which I beg to submit the following:
During the course of manufacture the Toy Company accepted delivery from the Edison Phonograph Works of 10,050 dolls complete with mechanisms. Of those there are about 7500 stored in a portion of the doll building which was used by the Doll Company for a packing room for which we are charging them rental.
In another building there are stored about 250 cases of heads, legs and arms which were imported from Germany by the Toy Company. This is the property that is covered by the attachment above referred to. The title to the above property rests with the Edison Toy Manufacturing Company.
There is other property at the Works, consisting of completed mechanisms, and parts in various stages of manufacture, of which delivery has never been made, and which appears in a statement that I have prepared and that is now in Mr. Insull’s hands. The claim covered by this particular statement is known in legal phrase as “Unliquidated Damage.”

Now in regard to whom this property belongs, you will remember that the Toy Company’s
Contract for manufacture was made with Mr. Edison personally, and subsequently was assigned by Mr. Edison to the Edison Phonograph Works. The Toy Company have never directly participated in this assignment. They may be committed to it by implication. Such evidence would be furnished by the correspondence that passed between the Toy Company, the Works and Mr. Edison, all of which I turned over to Mr. Lewis. It is my impression that Mr. Lewis and Mr. Stevenson decided that the title to this property rested with the Phonograph Works, but of this I am not absolutely sure. We have taken no action against the Toy Company with respect to unliquidated damage. Our claim against them covered by attachment being for the balance due on bills rendered for goods delivered. At the time this question of title was under discussion you may recollect my suggestion that Mr. Edison and the Works should vest in a third party such interest as either or both of them might have in the property under the contract, in order to frustrate any move oon the part of the Toy Co. with respect to the question of title.
Yours very truly,
A.O. Tate
Private Secretary.
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