The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1854-10-11

| NS'i NouhSei w ItBdIu W tUt tutCt OI buCn
instruments and from obtaining n clear APP
prchcnsion of their provisions. That orators
were wholly unacquaintcd with American
Porcelain ware and the American A gate or
Argillo stone ware, and Of the market prices
thereof, and were ignorant Of the hardware
trade in all its branches, but relying on tho
representations of said Goodn, they were in
duced thereby on Sd August, 1852, to enter
into contract with said Goodin & Spalding,
bywhich they were to convey to orators the
exclusive right of purchasing Of said johnson
Il Goodcll said Porcelain ware Of all kinds
manufactured or to he made by Cartridge g.
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 Of said
three counties, together with the right to 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 e. 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 at
the Bank Of Middlcbury to Goodin Il Spald.
ing in four months iiom its date, being said
Sd August, 1852, also their note for $50 dol
lars payable ut said Bank to said Goodin &
Spading in IL months from said Sd August
And said Goodin & SpaldiDg executed GER
tain papers in fulhlmept of their part of ;hc
contract and orators paid down 10 them said
sum of $50 dollars, and gave their notes as 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 unSalcable and worthless
save as specimens and said Goodn induced
orators to purchase these by representing that
| Johnson A. Eao1an
change them for marketable goods of the
same kind and that orators must have these
specimens for show and to advertise the ware
and thereby induced orator, to execute 10
said Goodin K Spalding their certain other
note for the sum of 800 dollars payable q
months from said 3D. August, 1852 And
said Goodin represented to orators that he
would Immediately forward to them an as
s0rtmcnt of both kinds of said wares and n
general assortment of hardware, on the faith
! of which representation orators made pre-.
parations to go extensively into said business
and were at 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
Of said wares except in small lots and never
general assortment though they had made
many attempts therefor, nor could they get
any OF said hardware from johnson & Good
ell or fiom the Russell & Erwin Manufactur-
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 Cartilage & Co
were not men Of large capital but of small
means, that they had no such large nanurac.
tories and no such machinery rs said Goolin
described that their machinery consisted of
a diminutiyc steam, engine and screw work
ed by hand, that they hadn't been erecting
and were not able to erect any factory in Con
nrcticut, and badnot bought the Jersey stone
I China ware factory; that johnson & Goodell
had no depot Of American Pore lain ware in
New York city; on the Sd August, 1862, but
one Waters was or pretended to lc the sole
agent Of said Cartilage & Co.. for wares cx-
cept for door plates and some minor articles:
: that their prices for these were njt 40 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,
sauccrs, and othcrarticles of porcelain which
orators succeeded in obtaining were of infrri.
or quality, warped, rough and unfinished md
when Immersed in hot water would crack and
break in pieces. That the Agate or Areillo
stone ware WAS not made ut all on said Sd
August, 1882, and had never before that been
madctoany extent nor has il been made since.
, ;he whole concern proving an entire failure
I lat Russell Erwin Manufacturing Comma
ny H.. no business connections with said
Johnso., & Go"iell, and were under no obi.
cations 10 l,'nish to them or to their assigns.
hardware, Oh 4 better foot than they fur.
nishcd any Gust. mers, and refused on appl-
cation to furnish ,ra.ors as assigns of said
johnson 4 Goodcll. Ths afterwards one of
the orators had u CONVEX ii, ton with one Of
/ said firm n IoIpxnp &. na.t,'1 In which tl,a
latter admitted that the Revcr. nj, John Paige
Pepper WAS not making the aga,s ware, and
he knew it, but as he had lost con. sid 'rably
by the speculation he thought it quite proper
and moral to distribute the loss amon,- the
| crowd, and thai orators had never been bio
\ To get any wares in exchange for the spec
mems which they purchased of said Gocdin
as aforesaid, but most of the same remain
on their hands, dead loss That orators
have been obliged 10 abandon the sale OF
| rights in said counties, and have lost all the
benefits they expected to receive from such
sales. That as soon as orators discovered
tho lastly OF these statements, and before
any Of said notes became due they gave no.
ticc to said Goodin & Spalding that said notes
were obtained by fraud, and that their col.
lection would be resisted on that ground: and
| offered To rcscind the contract and .mokc
fair adjustment in respect of what propcrtv
they had received under il, and demanded
the surrender of said notes, That after said
800 note fell due and was protested at said
bank for on-paymeni, and after the amount
thereof had been paid TO said bank, by said
firm, they transferred the same to one Joel
NJ Haven Of Brattleboro, Vermont, whom,
orators believe. holds said Ietc merely as
trustee of said firm: and on April 4, 1853,
said Haven commenced \ sui. thereon. and
"a tscbp1 tn "a In
bic TO windham County Court, at the April
term thereof 1853, and that the same is now
therein depending. That the other notes a.
bovc described are still outstanding and A.
valuable against orators: that one James
Munroc Of Camden, New Jersey, holds the
one for $50 dollars, that il was transferred to
him. aftcr due. and with full notice of its lie.
gal dcfenccs. yet he is threatening to sue or
ators thereon.
And praying that defendants make answer
to this bill, that said Goodin & Spalding and
Haven be enjoincd from prosecuting said
note, on which suit is depending as aforesaid,
and from negotiating the same that said
Munroc be perpetually cnjoincd from pre-.
senting or negotiating the said note in his
hands, and said Goodn & Spalding he en-.
joined in like manner and compelled to sur.
render said notes that they be required 10
reimburse orators said $50 dollars with in.
tcrcst and just and equitable damages in the
premises, and for further and other relicf,&c:
And ii appearing to the court that the msu-
al process "f subpoena has been issued and
said Haven served Herewith, but that the
said GOodin, Spaldng and Munroc reside
without this State so that subpoena cannot be
served on them: il is ordered hy the court
that this cause be continued to the next term
thereof, TO be held at said Middlebury, ON
the second Tuesday of December A II iSll