The Sun.
London, England, 1821-11-02 00:00:00

LAW INTELLIGENCE.

COURT OF CHANCERY, Nov.* L
PATENT MEDICINE for CURING the TOOTHACHE,

SHAWE V. HEATH.

Mr. CULLEN moved for an 'injunction to re-:1
strain the defendant from proceeding at law to
recover the sum of 801. from the plaintiff. He
stated, ite•moved it on a bill, filed by the Plain-
tiff against the defendant, for an account, and to
be decreed to repay him.mOney that he had paid
to the defendant under misapprehension. It .ap-
peared that the plaintiff had agreed to be the
vender of certain patent medicines prepared by the
defendant, which were to be delivered in the usual
bottles, and to take to the amount of tof. a year of
them, and to keep secret what the mixtures were
compoSed of. The medicines were, " Juniper's
Essence of Pepperment, Juniper's Essence of
Pennyroyal, and Heath's Sedative for the
Tooth Ach." The hottles filled with the com-
pounds were to be delivered to the plaintiff
at -a fixed price. An Act of Parliament of the
52d of George the Third passed for the purpose
of raising the duties on glass, after which the
defendant reduced the size of his bottles, so as to
meet the advanced duty on glass, and informed
'the plaintiff that the -Act empowered him to
make the purchaser of the bottles pay the ad-
vanced.duty, but to remedy it lie had reduced
the size of the bottles; the plaintiff, believing his
statement, continued to pay the same price for
the lesser bottles which he had before paid for
the usual bottles ; but on looking into the Act,
he found that it was only makers of glass that
were allowed to advance the price to cover the
increased duties ; it did not allude to the case of
the defendant, who, by his agreement, engaged
to furnish the usual sized bottles filled with his
medicines.
The LORD CHANCELLOR—I
agreement."
After his Lordship had read it he observed,
" What can I say to such an agreement as this,
where there is a covenant that the plaintiff shall
keep secret what the component parts of a medi-
cine are, when the patent was granted for the
purpose that it should be kn?wn to all mankind
at the expiration of the patent, and must have
been set forth in the specification in the year
1760 ?"

-" Hand me up the

Mr. CULLEN contended that although the com-
ponent parts of the medicine might be no secret,
yet the covenant only meant that the plaintiff
was bound not to reveal it.
The Lo►tn CHANCELLOII—" Th►is Court can-
not act upon a secret that ought to have been
made known to all the world in the year 1762.
If you want to know if the Act of Parlia-
ment bears on the agreement, you can bring an
action in a Court of law for that purpose. You
do not lose any thing by the reduction of the
quantity of the medicine by the bottles being re-
duced in size. The unfortunate patients who
take it may have been benefited by tl►e reduc-
tion. You do not state that you have sustained
any loss."
Mr. CuLLEN said, the plaintiff had sustained a
loss, as-the sale of the bottles l►ad decreased since
the quantity of medicine bad been reduced.
The Loa►n CHANCELLOR—" I cannot grant an
injunction to restrain a person from having the
tooth-ach, nor can I enjoin the unhappy persons
afflicted with it to make use of your medicine.
If you have any remedy it must be at law."
Mr. lloasiv., Counsel for the defendant, said,
that this -case had been decided by a similar one
which was argued before his Lordship, that of
Newbery t. James.—Motion refused, with 51.
costs.

COURT Of' KING'S BENCH, Nov. I.
EXTRAORDINARY PLEA.
LORD SONDES V. FLETCHER, CLERK.
The LORD CHIEF JOsTicr., at the rising of the Court, ad-
verted to this cause, which stands in the Paper, and observed ;
Before Lord Sondes v. Fletcher is decided, 1 think in justice to
the defendant we ought to be assured the plea is with his know-
ledge and approbation. The consequence of a Sirnoniacal Con-
tract will be serious.
Judge BAILEY.—The King will- have.the power of present-

ir!,g,' to' the Rectory ;• the defendant will forfelprofitsot the benefice, and be, disabled from holding it.
31r. LIT TLEDALE said, he was willing, if the Court thought
it proper, to let•the discussion of the cause stand over until he
could consult his client.

LORD CHIEF :strsTrcE.—Yes. It may stand over until we
know his plea is with his own concurrence.
Mr. I.tivi7.EDALE observed, thnt the defendant lived in the
country.
Judge BAittr.—lf he is well advised he will eome to•town.
It did not appear what the nature of the question between the
Noble Lord and the defendant is.