Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1837-12-22


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 Gath day Of
March, now last past, the said Albert Simpson
and Abiather Shaw, jr. were carrying on the
business Of making Sand Paper, at Saxtons
River Village, in Rockingham in said county,
under the firm of Albert Simpson & Co. pre-
tending to be entitled 10 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 the said Lucius e. Locke and Stephen J.
Mellish, 20 purchase Of them the said paieht
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 them
which they had been compelled TO pay; and
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 that the
said tools and machinery were well worth six
T 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 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 q
use said pretended patent improvements IL
manufacturing sand paper in said town Of Rock
2 ingham, and also said tools and machinery, a
0 and for the sum Of $4,000, and did pay then
thirteen hundred dollars ready money, and 60
!; the balance thereof did give said Simpson AM
: Shaw their three promissory notes of tire
hundred dollars each, payable in one, two an,
.f three years from the fifteenth day Of April nov
c last past, with interest from the fifteenth da,
of April aioresaid--ihat afterwards, and on tn
!; fourth day OF May now last past, an agreemen
was made between the said Mellish, Stimpso
k and Shaw, and the said Locke and Bakcs the
n doing business under the firm of William
a Blake & Co., whereby (the validity and advar
2 tages Of said rights being understood by IN
parties as aforesaid ) the said Meish transfer
red all bis interest and right to said patents an
tools to said VIM. b. Blake & Co., and the
paid To him the sum by hum paid down 10 sal
Simpson and Shaw, the said three promissor
: notes were given up and executed, and in lie
thereof the complainants cancelled 10 said A
bert Simpson 4 Co. their three promissor
notes Of the same date, tenor and sums--a al
further charging that Notwithstanding the irel
reservations aforesaid, the said tools were !
:, niue OF no value, 'nat sa'a patents VIZ 9,
rs really vs,id and sustainsele IN cor. % .,s.