The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1854-10-25
gal counsel in tcrard 10 The cfect Of sucb

legal counsel in regard 10 the effect Of such
instruments and from obtaining clear APP
prchcnsion Of their provisions. That orators
were wholly unacquaintcd with American
Porcelain ware and the American Agate or
Arglllo 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 Goodn, they were in
duced thereby on 3d August, 1852, to enter
into contract with said Goodin & Spalding, |
bywhich they were TO convey to orators the |
exclusive right purchasing of said johnson
Il Goohcll said Porcelain ware of all kinds |
manufactured or to be made by Cartilage e.
Co. for them until July 1861, and at lowest
prices Of purchasing all kinds of said Agate
or Areillo stone ware in such quantities as
they might want for the territory of said
three counties together with the right TO con
ycy 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 10 pay therefor $50 dollars down,
and give their note for 200 dollars payable at
the Bank Of Middlcbury to Goodin q Spad-
ing in four months hom its date, being said
3D. August, 1852, also their note for $50 dol
lars payable at said Bank to said Goodn &
| Spalding in Il months from said 3D. August.
And said Goodin e. Spaldirg executed GER
tain papers in iulflment of their part Of ;he
contlt,ct and orators paid down to them said
sum of $50 dollars and gave their notes rs is
above set forth. And further showing that
said Goodin had with him for exhibition
large quantity of ware MS specimens of the
same which were unsaleablc and worthless
! 4 - 1
orators to purchase these by representing that
johnson e. Coodcll would ut any time OK
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 oratOrA TO execute TO
said Goodin & Spalding their certain other
note for the sum OF 500 dollars payable &
months from said 81 August, 1852. And
said Guodin represented to orators that he
would Immediately forward TO them an as
sortmcnt 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
| aud were NJ great expense in tSlibiting their
/ specimens at various Fairs and Exhibitions
! in the said three counties, and charging that
| orators had never been able 10 procure any
! of said wares except in small lots and never
| n general assortment though they had made
! many attempts therefor, nor could they get
any Of said hardware from johnson & Good
! ell or ficm he Russell & Erwin Manufacture
/ ing Company, nor have said persons ever re-
fused TO furnish orators on the ground that
orators lid not comply with the terms agreed
| on. That the representations Of said Goodn
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-
nj ,n I, ,,,nc1,;,,or,- al ~,
described, that their machinery consisted Of
a dminutivc steam cl cihc aud u 'cr,w work
ed by hand, that they hadn't been erecting
and were not able to erect any factory in Con
1 nccticut, and hadnot bought the Jersey stone
I Chlna ware factory; that Johnson & GOodcll
had no depot of American Pore, lain ware in
New York city; on the 3D. August, 1852, but
one Waters was or pretended TO lie TIE sole
agent of said Cartilage & Co., for wares, cx-
ccpt for door plates aud some minor articles:
i that their prices for these were not 40 or 90
per cent. les than o'hcrs but on the contra
ry were considerable higher than those Of
others in said city That the plates. cups
sauccrs, and oihcrarticlcs of porcelain which
orators succeeded in obtaining were Of inferi-
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 Mt all Oh said Sd
August, 1892 and had never bcfnro that been
made toany extent nor las il been made since
the whole concern proving an entire failure
That Russell 4 Erwin Manufacturing Gonna.
ny had no business connections With said
, johnson & Goodcll, and were under 10 obi
gallons TO furnish to them or to their assigns
hardware, ON better foot than they far.
mShcd any customers, and refused on appli-
cation 10 furnish orators as assigns of said
/ l,.lt e al IA,
the orators had \ conversation with one OF
said firm Of johnson & GoodelI, in which III,
( latter admitted that the Reverend John Paige
, Pepper was not making the agate ware, and
IN bnew ., but as he had lost considerably
by the spccua!ion,he thought itquitc promo
and moral TO distribute the loss among The
crowd and that orators lad never been slle
to get any wares in cxchlngc for the speci
mems which they purchased of said Goodr
as aforesaid. but most Of the same remain
on their hands, dead loss. That orator.
have been obliged TO abandon the sale Of
rights in said counties, and have lost all the
benefits they expected 10 receive from sucl
sales. lat rs soon as orators discovered
the i"lsny "i these statemeit t. and lcflrC
any Of said notes became due, they rave TO
tee to said Gnodin & Spalding That saiInotr,
were obtained by fraud, aud that their col
+ lection wonld be resisted on that ground and
Offered To rcsciuh the contract, and make
f fair adjustment IN respect Of what propcrt,
they had r. ccivcd under it, and demanded
the surrender of said notes, That after said
$500 note fell due and was protested at said
bank for non payment, and after the amount
thereof had been paid 10 said bank, by said
Iifm, they transferred the same to one Joe
VI. Haven OF Brattlcboro, Vermont whom
orators believe. holds said rotc merely ~
trustee Of said firm and on April 1, 1853
said Haven commenced n sui. thereon and
attached property to a large amount rciurna
lie 10 Windham County Court, at tho Apri
term thereof 1853, and that the same is now
therein depending That the other notes n.
hovc described are still outstanding and a.
valuable against orators: that one James
Munroc of Camden, New Jersey, holds tho
one for 800 dollars, that it was transferred Ia
him after due and with full notice of its le.
gal dcfcnccs. yet he is threatening to sue or
ators thereon.
And praying That defendants make answer
to this hill that said Goodin & Spalding and
Haven be enioincd from prosecuting said
rolc, on which suit is depending rs aforesaid
and from negotiating the same: that said
MunrOc be pcrpctualy cnioincd from pro
seniine or negotiating the said note in his
hands, and said Goodin & Spadine be 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 relief &c.
I Aud it appearing to the court that the nsu-
al process Of subpoena has been issued and
said Haven served herewith but that the
said Goodin, spalding and Munroc reside
without This State so that subpoena cannot be
served on them it is ordered by the court
that this cause he continued to the next term
thereof to be held at said Middlcbury, on