Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1838-01-12

Albert Stimpson. Abather which is nude
Shawn & Stephen Mellish. retarn r to
the court to he holden at Newfane, in aud for
The county of Windbam, OH the third Tuesday
next after the fourth Tuesday OF January next,
charges in substance--that on the Gath day of
March, now last past, Albert Simpson OF Rock
ingham in said county, now gone TO the Yves
Tern States, and Abialher Shaw jr. of West
moreIand. in the State of N. Hampshire, were
carving on the business OF making Sand Paper
at SaxtonsRiver Village, in Rockingham in said
co. under the firm of Albert 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 bv one Fisher, and which they knew
to be invalid and useless; that in order TO in-
duce Iucius T.. Locke and Stephen j. Mesh OF
said Rockingham, Ia purchase otthem the SAID
patent rights and the tools and machinery used
in said business, the said Simpson and Shaw,
with the intent to deceive and dcfiaud 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 suit brought by the claimants oi
said patents against them the said Simpson
and Shaw; that the said claimants bad iecnv-
cred heavy damages and costs against them
which they had been compelled to pay; and
that thcreupon they had purchased of the AS
signees of said patents the tight OF using The
same in said town of Rockingham, fer which
they had been obliged TO pay sixteen hundred
dollars, including the amount. paid out IN the
suit aforesaid; and .atther representing that the
said tools and machinery wee we'll worth six
hundred dollars; that the said business was very
profitable, but that they, wishing To engage IN
other business were DESTROYS of selling the same.
Further charging, that the said Locke and
MelIish, being wholly ignorant cl the premises,
but reposing unlimited confidence in the IepIe-
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 ard machinery,
did ON the oath day of March aforesaid, put
chase Of said Simpson and Shaw the right Ia
use said pretended patent improvements in
manufacturing sand paper in said town of Rock
ingham, and also said tools and machinery, at
and for the sum OF S2200,o0, and did pay them
thirteen hundred dollars ready money and for
The balance thereof did give said Simpson aud
Shaw their three pIon:issory notes oi three
hundred dollars each, pay able in one, two and
three years from the fifteenth day of April now
last past, with interest from the fifteenth day
of April alolesaid-thut afterwards, and ON the
fourth day Of May nuw 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 conn
~, under the firm of William b. Blake
& Co, whereby (the validity aud advan-
tagcs of said rights being understood BY III,
parties as aforesaid, The said MelIish transfer
red all his interest and right tn said patents and
tools 10 said WIN. b. Blake & CO., and they
paid to him the sum by HIM paid down 10 said
Simpson aud Shaw. the said three promissory
notes were given mp and cancelled, and in lieu
thereof the compainanis executed 10 said AL.
( bert Simpson & Co. their three pSomissory
notes of the same date, tenor and sums-and
further charging that notwithstanding the rep.
! RESERVATIONS aforesaid, the said tools were o
little or no value, that said patents were moi
really valid and sustainable in a court of iusiic,
that the Judgment aforesaid was not gooC
aud bona tde judgment, but obtained ant
entered up by the consent, fraud and colluslor
of said claimants and said Simpson aud Shaw
aud for the purpose of enabling the aSsgnees O
said patents To deceive aud delraud purchaser
that the said Simpson and Shaw were no
bound Ia pay and never did pay the plaintiff
in sud suit or TO any person for them any sun
for said patent rights, or in consequence a
said pretended judgment for the Infringement
lneIetl-thut thc Sdlu Ihtchl llguts lhslrau q
being valuable and capable of being made al
vantageous to the complainanis Were, aud are
wholly vaucless and useless-and praying tina
the aforesaid sales may be decreed 10 be nul
and void and set aside-thnt all such sums o
f money as have been paid by the complainant
or either of them 20 the defendants, or ethe
of them upon and by virtue of said sales, ma,
be decreed to be reinnded--that the said note
so given as aforesaid, may be decrecd 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 what
soever; and for further relief.
Signed by LUClUS T.. LOCKE, and
WILLIAM b. BLAKE 4 co
By KEyEs & BRADLEY, their Attornies an,
Solicitors.
, Rockingham, Dec. IL, 1897.
Sr,rv ov Vr. II appearing tina