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


GE.. s SWIFT. Clerk.
Balh.J s. l.a,.acr. Au.. ,ip'R 25;3M
Russell Is POW ELL ADpisnH CocNrY.
rs, In Chanccry. june
| JOEL VI HAVEN, Term, 1854.
| JOHN J. GOODlN, Whereas, William
| HELM SPALDlNG& p. Russell < Sidney
| JAMES MUNROE. Powell late partners
at Mildlcbury, in said county under the style
Of Russell & Powell, have ut the present
term exhibited their bill in chanccry against
joel NJ. Haven, of Bra,tlcboro, Vermont,
JohnJ Goodn & Helm Spauldmg, partners
under the firm Of Goodin & Spaldns, both OF
Syracuse, New York, and James Munroe of
Camden, New Jersey, setting forth in sub
stance:
That orators were in drrg s. medicine and
grocery business at said MiddlcLury, on the
3D. August, 1852. That said Goodin then rep
resented himself to orators as n partner Of
said Spalding at Syracuse, n. y, and pro.
posed to sell orators the exclusive right to
purchase and sell American Porcelain Ware
and American Agate or Argillo Stonc Ware,
and also all kinds of hardware manufactured
bN Russell & Erwin at lowest wholesale prices
with per cent. discount for cash or u credit
of G months with city or satisfactory refer
tcnsivc list Of different kinds of said ware
and numerous specimens of the same which
appeared remarkably well and would he very
desirable arti les Of merchandise provided
they could be In ,ishcd in sufficient quanti-
ties and at tolcrabi" prices; that in order TO
induce orators 50 TO l,.'chasc, rights for thu
counties of Addison. III. land and Bcnning-
ton to the wear 1851, C, din Represented
that the art of making the ware was i secret
known only to one Charles Catjl'dge Il part
ncr Of one Herbert z. FurcuSon, der the
firm Of {. Cai,lilgc & Co.; that said firm
were then engaged in the manuf;,ctt,~c of
said ware and though they had taken on. no
patent for the same, still by reason Of the
profound secrecy of their art they could give
exclusive rights of sales in any district or
territory Of the United States that said firm
had entered into an agreement with certain
persons doing business in New York city un
der the firm Of johnson 4 Goodcll, by which
said last mcniOnt d finn were entitled TO the
exclusive right of purchase of said Cartridge
Co, and to sell said wares throughout the
United States and British Provinces: that
said Cartridge * Co. were under obligation
not To manufacture said ware for any persons
other than said johnson 4 Goodeu in the
United States and British Provinces: that
said Johnson & Goodcll had sold to him said
Goodin IL Spalding the exclusive right of
purchase and sale in n large territory iaclud.
ing said counties, and the right to dispose of
such territorial rights that Cartridge & Co.
had prodigious capitals extensive works aud
ponderous machinery to carry ON the mann.
iacturc. that they were making immense
quantities of ware, were adding to their ma
chincry, much of which was patented and
that they were building extensive additional
factories, and by reason of all these advan.
tascs they could always supply the market
demands nj Az or 30 per cent. less than the
prices of imported articles Of the same de-
scripiion; all OF which was arifully set forth
in certain printed schedules which were mo-
duced TO orators by saiG Goodin that in adj
diiion 60 the kinds set forth in the schedules
they would soon be able to furnish tea and
dining sets OF said ware aud ware for common
use vastly stronger, finer and more durable
than anything VI like kind from foreign parts
aud 40 or 90 per cent. cheaper that they
han purchased the jersey stone China ware
factory ahd were going to make common
crockery also: that said Johnson & Goodcll
had the exclusive rish: to all wares OF all va
rieues for the States anu Provinces which
Cartridge & Co, hal made, or ,,ould make
That said johnson < Goodell had a yc, large
depot of the porcelain ware in New Yorn
city and would supply to all who lad the cx.
elusive rights aforesaid and we're the only
PERSON, Who had said ware on sale and that
the desifablcncss Of ihi- ware and its extra
"iH"iTA tHcapnrss would not fail 20 crowd
s!l other 'ii,n wares oui rf ihe market.
ana iNiher showing itai said Goodun in
"t',tl o. idrcg ogat.rs 20 buy his pfvirndrd
right lor t,m exclusive u-c and ,.l.. OF rhr
American A-at' o' Atsillo stouc wave as set
forth lu certain other 'cl,cglr rtrrc..1t,l
20 orators tuat Tie .,rt OF r,tlin. ID .....,lrd
a.oie n tht breast 90 un. ICES. JOHN Paige
J. N'r ami tirt te hal eon,raetcd with
johnson i uuoUr.l, Ine exclusive right TO
purchase wares of his manufacture and all
which he could make, and sell the same
throughout the States; that he was extensive.
ly engaged in its manufacture in several
places, aud was making preparations to en-.
large the manufacture particularly in the line
OF slabs" which were soon To superspde
marble in many respects, and that these slabs
would be furnished at such rates and of such
quality rs TO command great sales and large
piottS, and that he said Goodin & Spaldine
had derived the rights of territory Of John
son Goodell including the said three coun-
tics-and cond convey the same TO orators
ANA further shoSing that said Goodin, in
order to rntrap orators, represented TO them
that said Russell & Erwin Manufacturing
"f""' vas VI ihSe cspll-tl inu were large
~ making hardware in every variety and OF
hest qualities and that said johnson & Good
ell had contracted with them for large sup
plies on demand to be furnished at cheapest
prices TO such persons as they might desig-
mare on certain advantageous terms aud that
he the said Goodin e. Spalding had certain
territorial rights under johnson & GoodclI,
including the three said counties, and that BY
purchasing these, orators would he enabled
10 undersell all other hardware dealers and
yet make large profits.
And further stating that said Goodin rep |
resented to orators that certain printed in |
s'ruments which he had and which he would |
execute in the name Of johnson s. Goodell
MS principals Of said Goodin s. Spaldius were
good and valid instruments and wouli convey
all the rights and privileges aforesaid in as
full and ample a manner as said Goodin had |
represented to orators, aud by base arts and |
representations prevented orators IRON taking :