The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1854-10-11
Russell & POWELL
rs.
JOEL VI HAVEN,
JOHN J. GOODlN.
HELM SPALpINGN

rs. In Chanccry. June
JOEL NJ HAVEN, Term 1851
JOHN J. G0ODlN, Whereas, William
HELM SPALDING& | =. Russell & Sidney
JAMES MUNROE. Powell, late partners
at Middlcbury, in said county under the style
Of Rucsel & Powell, have at the present
term exhibited their bill in chanccry against
Joel NJ. Haven, of Brattleboro, Vermont
John J. Goodin & Helm Spaulding, partners
under the firm of ioodin & Spalding, both of
Syracuse, New York, AMI James Nunroe, Of
Camden, New Jersey, setting forth in sub
stance:
That orators were in drug & medicine and
grocery business at said Middlchury, on the
Sd August, 1862. That said Goodin then rep
resented himself 20 orators as : partner of
said Spalding at Syracuse, n. Y, and pro-
posed 10 sell orators the exclusive right TO
purchase and sell American Porcelain Ware
and American Agate or A-gillo Stone Ware,
and also all kinds of har,lwa manufactured
by Russell & Erwin AT lowest Wholesale prices
with per cent. discount for cash or credit
of months with city or satisfactory refer
ences: that said Goodin exhibited yc-ycx-
tcnsive list of different kinds of said ware
and numerous specimens of the same which
appeared remarkably well and would be very
desirable articles of merchandise provided
ties and at tolcrablc PRICES that in order to
induce orators SO to purchase, rights for thu
counties of Addison. Rutland and Bcnning-
ton to the year 1861, Goodin rcprcs
that the art of making the ware was a secret
known only to one Charles Cartridge "A part
ncr of one Herbert .. FnrguSon, under the
firm Of c. Cartilage & Co.. that said firm
were then engaged in the manufacture of
said ware and though they had taken out 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 I'M
der the firm Of johnson & Goodcll, by which
said last mentioned finn were entitled TO the
exclusive right Of purchase of said Cartridge
& Co. and 10 sell said wares throughout the
United States and British Provinces: that
said Cartilage & Co. were under obligation
not To manufacture said ware for any persons
other than said Johnson & Goodell 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 u large territory iiclud-
ing said counties, and the right to dispose of
such territorial rights that Cartridge & Co
had prodigious capital extensive works and
pondcrous machinery to carry ON the manu-
lacturc. that they were making immense
quantities of ware, were adding to their ma
chinery, much of which was patented and
that they were building extensive additional
factories, and by reason of all these adyan-
tages they could always supply the market
demands at 40 or 80 per cent less tlan the
prices Of imported articles Of the same de
scription; all OF which was artfull, set forth
in certain printed schedules which were pro-
duccd TO orators by said Goodin that in adj
dition to the kinds set forth in the schedules.
they would soon be able 10 furnish lea and
dining sets of said ware and ware for common
use vastly stronger, finer and more durable
than anything Of like kind from foreign ,,ar,.
and 40 or 50 per cent cheaper: that they
had purchased the Jersey stone China ware
factory and were going TO make common
crockery also that said johnson & GoodclI
had the exclusive right 10 all wares of all va
rietics for the States and Provinces which
Cartiidse Co, had made, or would make.
That said johnson < Goodcll had very large
depot OF the porcelain ware in Nca York
city and would supply to all who had the cx
elusive rights aforesaid and were the only
persons who had said ware on sale and that
the desirableness of this ware and its extra.
ordinary cheapncss would not fail Ia crowd
all other like wares out Of the market
And further showing that said Coadell in
order to induce orators to buy his pretended
right Tor the exclusive use and sale of The
American Agate oi Argillo stone ware AS set
forth III a certain other schedule represented
TO orators that the art Of making il resided
alone in the breast of one Rev. John Paige
Pepper, and that he had contracted with
johnson & Goodcll, the exclusive right to
purchase wares Of his manufacture and all
which he could make, end sell the same
throughout the States that he was extensive
~ engaged in its manufacture in several
places, and was making preparations To en-.
iarge Tue manufacture particularly in the line
OF slabs. which were soon TO snpcrscde
marble Ia many respects, and that these slabs
"olbi be furnished at such rates and of such
quality as 10 command great sales and large
lioiils, aud that he said Goodin & Spaldins
iad derived the rights OF territory Of John |
son q Goodoll, including The said three coun- |
iics-and could convey the same 10 orators
ana further shoSing that said Goodin, in |
ordcr To entrap orators, represented to them |
that said Russell e. Erwin Manufacturing
Company was Of large capital and were large
" making hardware in every variety and of
best qualities and that sail johnson & Good
Ell had contracted with them for large sun
piies on demand to be furnished at cheapest
prices TO such persons as they might desig-
nate on certain advantageous terms aud that
he the said Goodin g. Spalding had certain
territorial rights under johnson & GoodelI.
including tho three said cpHnties, and thai by
these, orators would lie enabled
o undersell all olher hardware dealers and
'et make large profits.
And further stating that said Gaodin rep
'esented to orators that certain printed in.
truments which he had and which he would
EXECUTE IN the name of johnson & Goodell
Is principals of said Goodin & Spaldins we're
'ood and valid Instruments and would convey
II the rights and privileges aforesaid in as
ull and ample masner as said Goodin had
epresented to orators, and by base arts and
approximations prevented orators from taking