Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1837-12-29

hiDcft ObflfpBOut AbfutttO hfSt 70
Shaw jr. & Stephen J. Mellish. returnable to
--------J the Term Of
the court to be holden at Newfane, in and for
the county of Windham, on the third Tuesday
next after the fourth Tuesday OF January next,
charges in substance-that on the oath day of
March, now last past, Albert Stimpsonof Rock
ingham in said county now gone to the Yves
tern States, and Abiather Shaw il. of West
moreland, in the State Of N. Hampshire, were
carrying on the business OF making Sand Paper
at SaxtonsRiver Village, In Rockingham in said
co. under the firm ofAlberiS Simpson & Co. pre-
tending TO be entitled to the right of using Ger
tain improved methods Of making sand paper
in said town Of Rockingham, which had been
patented by one Fisher, and which they knew
to be invalid and useless; that in order to in-
|duce Lucius K. Locke and StephenJ. Meliish Of
said Rockingham, TO purchase ofthem the said
patent rights and the tools and machinery used
in said business, the said Simpson and Shaw,
with the intent to deceive and deffaud the said
Locke and Mellish Of large SUMS Of money,
falsely represented to them that the said patent
rights were good and valid and highly useful;
that the validity of said patents had lately been
established by the Circuit Court Of the United
States, in a suit brought by the claimants of
said patents against them the said Simpson
and Shaw; that the said claimants had Iecov-
cred heavy damages and costs against then,
which they had been compelled to pay; ami
that thereupon they had purchased of the As
signees OF said patents the right Of using the
same in said town of Rockingham, for which
they had been obliged to pay sixteen hundred
dollars, including the amount paid out in the
suit aforesaid; and farther representing TINT the
said TOOLS and machinery were well worth six
hundred dollars; that the said business was very
profitable, but that they, wishing to engage in
other business, were DESTROYS ofselling the same.
Further charging, that the said Locke and
Mellish, being wholly ignorant Of the premises,
but reposing unlimited confidence in The repre-
sensations Of the said Simpson and Shaw, and
finding that a judgment had been recovered
against them in the court aforesaid and relying
upon the pretended validity of said patents and
the alleged value of said tools and machinery,
did on the Gath day of March aforesaid, pur-
chase Of said Simpson and Shaw the, right to
use said pretended patent improvements in
manufacturing sand paper in said town of Rock
ingham, and also said tools and machinery, at
aud for the sum OF $4,000 and did pay them
thirteen hundred dollars ready money, and for
the balance thereof did give said Simpson and
Shaw their three promissory notes of three
hundred dollars each, payable in one, two and
three years from the fifteenth day of April now
last past, with interest from the fifteenth day
of April aforesaid-that afterwards, and on the
fourth day OF May now last past, an agreement
was made between the said Mellish, Simpson
and Shaw, and the said Locke and Blakes
doing business at Westminster in said coun-
ty, under the firm of William b. Blake
I, & Co., whereby (the validity and advan-
tages Of said rights being understood by the
: parties as aforesaid the said Mellish transfer
red all his interest and right to said patents and
$ tools to said VIM. B. Blake g. Co., and they
: paid to him the sum by him paid down TO said
< Simpson and Shaw, the said three promissory
notes were given up and cancelled, and in lieu
thereof the complainants executed 10 said Al
bert Simpson & Co. their three promissory
) notes Of the same date, tenor and sums-and
further charging that Notwithstanding the rep
reservations aforesaid, the said tools were Of
r little or no value, that said patents were not
A really valid and sustainable in a court of Justice
that the Judgment aforesaid was not a good
and bona fide Judgment, but obtained and
entered up by the consent, fraud and collision
of said claimants and said Simpson and Shaw,
and for the purpose of enabling the assignees o.
said patents to deceive and defraud purchasers
that the said Simpson and Shaw were NOT
bound to pay and never did pay the plaintiffs
. in said suit or to any person for them any sun
for said patent rights, or in consequence O
Z said pretended judgment for the infringement
thereof-that the said patent rights instead o.
! being valuable and capable of being made adj
vantageous to the compliments were, and arc
wholly ~valueless and useless-and praying tina
the AFORESAID safes may De decTeeu 10 be nul
and void and set aside-that all such sums o
money as have been paid by the complainant
or either of them to the defendants, OF eithe
of them upon and by virtue of said sales, ma,
be decreed to be refunded-that the said note
! so given as aforesaid, may be decreed to be null
\ and void; and that the defendants may be en-
Joined from negotiating or setting up the sal,
notes or any Of them, under any pretext whit
~soever; and for further relief.
Signed by LUCIUS e. LOCKE, and
VA WILLIAM B. BLAKE & co
"a By KEYEs s. BRADLEY, their Attornies am
"A Solicitors.
Rockingham, Dec. IL, 1887.
ST II appearinp tina