The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1854-10-18

legal counsel in regard to the effect of such
instruments and from obtaining n clear ap-
prchensioD of their provisions. That orators
were wholly unacquaintcd with American
Porcelain ware and the American Agate or
Argillo stone ware, and Of the market prices
thereof and were ignorant Of the hardware
trade IN all its branches, but relying on the
representations of said Coodin, they were in
duced thereby on 3D. August, 1859, to enter
into contract with said Goodin & Spalding,
bywhich they were to convey to orators the
exclusive right of purchasing Of said johnson
& Goodcll said Porcelain ware of all kinds
manufactured or to be made by Cartilage &
Co. for them until July, 1861, and at lowest
prices of purchasing all kinds of said Agate
or Argillo stone ware in such quantities as
they might want for the territory osaid
three counties, together with the riGhfl6 con
vcy within said territory minor exclusive
| rights of same character, and also the right
of being supplied on the terms aforesaid
with hardware from said Russell & Erwin
Manufacturing Company, and conveying to
others in said territory similar rights. And
orators were TO pay therefor $50 dollars down
and give their note for 200 dollars payable al
the Bank of Mddlcbury to Goodin 4 Spald
ing in four months iiom its date, being said
Sd August 1862, also their note for $50 dol
lars payable at;said- Banl, 10 said Goodin &
Spalding in ~ months from said Sd August
And said Goodin g. Spalding executed GER
taiO Papers in fulfilment of their part of The
contract and orators paid down TO them said
sum of $50 dollars, and gave their notes MS is
above set forth And further showing that
said Goodin had with him for exhibition a
large quantity OF ware as specimens of the
same which were nnsalcabc and worthless
save as specimens and said Goodin induced
orators to purchase these ly representing that
johnson & Goodcll would at any time ex-
change them for marketable goods of the
same kind and that orators must hare these
specimens for show and to advertise the ware,
and thereby induced orators to execute to
said Goodin & Spaldiug their certain other
note for the sum of 800 dollars payable
months from said 3D. August, 1852 And
said Goodin represented to orators that he
would immediately forward to them an as
sortmcnt of both kinds of said wares and \
general assortment of hardware, on the faith
Of which representation orators made pre-
parations 10 90 extensively into said business,
aud were AZ great expense in exhibiting their
specimens at various Fairs and Exhibitions
in the said three counties, and charging that
orators had never been able TO procure any
~ AID Nar's xccpt in small lots and never
y general assortment though they had made
many attempts therefor, nur coult, they get
any of said hard Naie from johnson < ,iund-
ell or fen The Russell Il Erwin Manufacture
ing Company, nor have said persons ever re-
fused to furnish orators on the ground that
orators did not comply with the terms agreed
on. That the representations of said GOodin
were false in this. that said Cartridge & Co
were not men of large capital but of small
means, that they had no such large manulac-
4.
described, flat their machinery consisted Of
dininutiyc steam engine and Il screw work
ed b! hand, that they hadn't been erecting
and were not able to erect any factory in Con
nccticut, aud hadno; bought the Jersey stone
China ware factory; that Johnson & Goodcll
had no depot of American Pore lain warc Is
New York city; on the 3D. August, 1852, but
one Waters was or pretended to lie the sole
agent Of said Cartilage & Co., for wares, OK
crpt for door plates and some minor articles
that their prices for these were not 80 or 80
per cent. less than Others, but ON the contra
ry were considerable higher than those of
others in said city That the plates, cups,
and othcrarticlcs of porcelain which
orators succeeded in obtaining were of iuferi-
or quality, warped, rough and unfinished and
when immersed in hot water would crack and
break in pieces. That the Agate or Argillo
stone ware WAS not made at all on said Sd
August, 1852, and had never before that been
made toany extent nor has il been made since
The whole concern proving an entire failure
l hat Russell Il Erwin Manufacturing Com,a-
ny had no business connections with said
Johnson Goudcil, and were under no obli-
gallons to furnish to them or to their assigns,
hardware, "n better foot than they fur.
nishcd any customers, aud refused on appli-
Gallon ora IA
Johnson Goodcll. That afterwards one of,
the orators had conversation with one of
said firm of johnson & Goodcll, IN hich the
latter admitted that the Reverend John Paige
Pepper was not making the agate ware and
he knew IT, but as he had lost considerably
hy the spcculation,h he thought it quite proper
1rd moral to distribute the loss among the
crowd, aud thai orators had never been able
to get any wares in exchange for the spcci-
mems which they purchased of said Goodin
rs aforesaid, hut most of the same remain
On their hands, y dead loss. That orators
have been obliged 10 abandon the sale of
rights in said counties. and have lost all the
benefits they expected 10 eccivc from such
sales. That as soon as orators discovered
The ialsity Of these statements, ard before
any OF said notes became due, they lave To-
lice to said Goodin Spalding that saio notes
were obtained 10y fraud, and that their co,
lection would be resisted on that ground: and
piicred to rcscind the contract and make
I. lar adjustment in respect Of what property
hey had received under it, and demanded
the surrender OF said notes, That after said
1900 note fell due and was protested At said
bank for non-paymcnt, and after the amount
thereof had been paid TO said bank, by said
irm, they transferred the same to one Joel
NJ. Haven Of Bratilcboro, Vermont, whom,
orators believe, holds said rotc merely as
trustee Of said firm; and on April 4. 1851.
said Haven commenced sui. thereon and
property to large amount rcturna
bic to Windham County Court, at the April
term thereof 1853. and that tho same is now
therein depending. That the other note, A.
bove described are still outstanding and a.
vailab'c against orators that ono James
Munroe of Camden, New Jersey, holds the
one for $50 dollars that il WAS transferred to
him. after due, and with full notice of its lie.
gal dcfcnccs yet he is threatening to sue or
ators thereon.
And praying that defendants make answer
to tins bill, that said Goodin Spaldng and
Haven be enioined from prosecuting said
note, on which suit isdcpcnding as aforesaid.
and from negotiating the same: that laid
AfHhroe be perpciualy cnjoincd from prc-
scntng or negotiating the said note in his
hards, and aid Goodn & sralding be en-
joined IN ike manner and compelled to sur.
render said notes that they be required to
reimburse orators said 200 t"llars with in
fcrcst and just and equitable da,aar-@s in the
premises, and for furtherand othef relief &c:
And II appearing TO he court that the ,lsu-
n process Of subpoena has been issued and ,
'aid Haven served herewith, but that the
sad G'o1'n Sralding and Munroe reside
w'ih'n tiia S'2'c so that subpoena canno. be
served 'n ihcm II r. ud,red hy the court
hat this cause hc continued TO the next term
thereof, To he hcld at said Middlebury, on
Inc sccOnd Tnesdnv of Dcccmher A ID 1871