A verdict was returned for the defendants, and judgment rendered thereon, which, on exceptions by the plaintiff, was affirmed at the general term, and the plaintiff sued out this writ of error, pending which one of the defendants died and his executor was summoned in. After stating the facts in the language above reported, he continued:.
The decision of this case depends upon the application of the rules of law stated in the opinion in the recent case of Davis v. A contract of guarantee, like every other contract, can only be made by the mutual assent of the parties. If the guarantee is signed by the guarantor at the request of the other party, or if the latter's agreement to accept is contemporaneous with the guarantee, or if the receipt from him of a valuable consideration, however small, is acknowledged in the guarantee, the mutual assent is proved, and the delivery of the guarantee to him or for his use completes the contract.
But if the guarantee is signed by the guarantor without any previous request of the other party, and in his absence, for no consideration moving between them except future advances to be made to the principal debtor, the guarantee is in legal effect an offer or proposal on the part of the guarantor, needing an acceptance by the other party to complete the contract.
The case at bar belongs to the latter class.
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There is no evidence of any request from the plaintiff corporation to the guarantors, or of any consideration moving from it and received or acknowledged by them at the time of their signing the guarantee. The general words at the beginning of the guarantee, "value received," without stating from whom, are quite as consistent with a consideration received by the guarantors from the principal debtor only. The certificate of the sufficiency of the guarantors, written by the plaintiff's attorney under the guarantee, bears date two days later than the guarantee itself.
The plaintiff's original contract with the principal debtor was not executed by the plaintiff until after that. The guarantors had no notice that their sufficiency had been approved, or that their guarantee had been accepted, or even that the original contract had been executed or assented to by the plaintiff, until long afterwards, when payment was demanded of them for goods supplied by the plaintiff to the principal debtor. Justia Annotations is a forum for attorneys to summarize, comment on, and analyze case law published on our site. Justia makes no guarantees or warranties that the annotations are accurate or reflect the current state of law, and no annotation is intended to be, nor should it be construed as, legal advice.
Contacting Justia or any attorney through this site, via web form, email, or otherwise, does not create an attorney-client relationship. Richards Davis Sewing Machine Co. Poler of a contract under seal, dated December 17, , between him and the plaintiff corporation, by which it was agreed that all sales of sewing machines which the corporation should make to him should be upon certain terms and conditions, the principal of which were that Poler should use all reasonable efforts to introduce, supply, and sell the machines of the corporation at not less than its regular retail prices throughout the District of Columbia and the Counties of Prince George and Montgomery in the State of Maryland, and should pay all indebtedness by account, note, endorsement, or otherwise which should arise from him to the corporation under Page U.
The guarantee was upon the same paper with the above contract, and was as follows: STEVENS" At the trial, the above papers, signed by the parties, were given in evidence by the plaintiff, and there was proof of the following facts: The defendants had no notice of the plaintiff's execution of the contract or acceptance of the guarantee, and no notice or knowledge that the plaintiff had furnished Page U.
The court instructed the jury as follows: Bartholf, New York; the serial number of the machine is The brass plate, serial number , at right, is from a later style of the same type of machine. Smithsonian photo D; brass plate: In he advertised territorial rights and machines, but apparently did not realize any financial success until he sold a half interest in his patent to George Bliss in November Lerow; Woolridge, Keene, and Moore; and A. Howe, the brother of Elias. These licenses granted the manufacturer the right to use any part of the Howe patent, but it did not mean that the machines u Op.
When a royalty license was paid, the patent date and sometimes the name was stamped onto the machine. For this reason, these machines are sometimes mistakenly thought to be Elias Howe machines. Howe was also prevented from manufacturing a practical machine unless he paid a royalty to other inventors. In I, he applied for and received a seven-year extension on his patent.
There were Howe family machines for sale during this period, but these were the ones that Amasa Howe had been manufacturing since The machine was an excellent one and received the highest medal for sewing machines, together with many flattering testimonials, at the London Inter- national Exhibition in After the publication of this award the demand for Amasa Howe sewing 24 Figure Smithsonian photo E; brass plate: Elias took this opportunity to gain entry into the manufacturing business by persuading Amasa to let him build a factory at Bridgeport, Connecticut, and manufacture the Amasa Howe machines.
The loss could have been regained, but the machines produced at Bridgeport were not of the quality of the earlier machines. Amasa attempted to rebuild the Bridge- port machines, but finally abandoned them and resumed manufacturing machines in New York under his own immediate supervision.
Elias formed his own company and continued to manufacture sewing machines. In he requested a second extension of his patent, but the request was refused.
Elias Howe died in October of the same year. Meanwhile, another important sewing machine of a different principle had also been patented in This was the machine of Sherburne C. Sewing Machine Journal July , pp. Blodgett, a tailor by trade, who was supported hnancially by John A.
United States patent 6, was issued to both men on October 2, Auto- matic tension was initiated, restraining the slack thread from interference with the point of the needle. The Blodgett and Lerow machine was built by several shops. One of the earliest was the shop of Orson G. Phelps on Harvard Place in Boston. As the shuttle passed around the six-inch circular shuttle race, it put a twist in the thread or took one out if the direction was reversed at each I'evolution.
This caused a constant breaking of the thread, a condition that could not be rectified without changing the principle of operation. Such required changes were later to lead I. Singer, another well-known name, into the work of improving this machine. Also exhibited at the same 1 mechanics fair was the machine of Allen B.http://production.ecolearning.org.uk/59.php
The Davis Sewing Machine Company
Wilson, a native of Willett, New York, was a young cabinetmaker at Adrian, Michigan, in when he first conceived of a machine that would sew. He was apparently unaware of parallel efforts by inventors in distant New England. After an illness, he moved to Pittsfield, Massachusetts, and pursued his idea in earnest. By November he had produced the basic drawings for a machine that would make a lock- stitch. The needle, piercing the cloth, left a loop of thread below the seam. A shuttle carrying a second thread passed through the loop, and as the tension was adjusted a completed lockstitch was formed fig.
After each stitch the cloth was advanced for the next stitch by a sliding bar against which the cloth was held by a stationary presser.
- Davis Sewing Machine Co. v. Richards, 115 U.S. 524 (1885).
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While the needle was still in the cloth and holding it, the sliding bar returned for a fresh grip on the cloth. Wilson made a second machine, on the same prin- ciple, and applied for a patent.
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He was approached by the owners of the Bradshaw patent, who 26 Figure Smithsonian photo — H. Al- though this claim was without justihcation, as can be seen by examining the Bradshaw patent specihca- tions, Wilson did not have sufficient funds to fight the claim. In order to avoid a suit, he relinquished to A. Kline and Edward Lee, a one-half interest in his U. Inventor Wilson had been associated with Kline and Lee E. He retained only limited rights for New Jersey and for Massachusetts. The sale was fruitless for the inventor, as no payment was ever made.
How much money E. A typical one reads: Rights for territory or machines can be had by applying to George R. Wilson, with his two partners, was occupying a room in the old Sun Building at Fulton Street, when Wheeler, on a business trip to New York City, learned of the Wilson sewing machine. Wheeler ex- amined the machine, saw its possibilities, and at once contracted with E. At the same time he engaged Wilson to go with him to Watertown, Connecticut, to perfect the machine and supervise its manufacture. Meanwhile, Wilson had been working on a substitute for the shuttle.
Wilson now applied all his effort to improving the rotary hook, for which he received his second patent on August 12, figs.
Shet Happens: Davis Sewing Machines
They began the manufacture of the machines under the patent, which combined the rotary hook and a reciprocating bobbin. The rotary hook extended or opened more widely the loop of the needle thread, while a reciprocating bobbin carried its thread through the extended loop. To avoid litigation which the reciprocating bobbin m. This was a feature of the first machine produced by the new company in , though the patent for the stationary bobbin was not issued until June 15, fig.
In all reciprocating-shuttle machines a certain loss of power is incurred in driving forward, stopping, and bringing back the shuttle at each stitch; also, the machines are rather noisy, owing to the striking of the driver against the shuttle at each stroke. The locking of the needle thread with the bobbin thread was accomplished, not by driving a shuttle through the loop of the needle thread, but by passing that loop under the bobbin. The success of the machine is indicated in an article that appeared in the June issue of Scientific American: There are of these machines now in operation in various parts of the country, and the work which they can perform cannot be surpassed The time must soon come when every private family that has much sewing to do, will have one of these neat and perfect machines; indeed many private families have them now June 4, , vol.
This agreement was important to sales, as Elias Howe was known to have sued purchasers of machines, as well as rival inventors and companies.
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