The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1859-05-18
Facts for tho People.
AFFIDAVIT OF WI. N. SMITH.

|, William n. Smith, of St. Adams, in'
the County of Franklin, and State of Yer
mont, dcpose and say, that I was former
ly ! partner with jasper Curtis, under tho
name and firm of Curtis & Smith and
while such partner, orr firm purchased Of
y. u. Downs all of the territory which
We did not previously W for tho sale and
distribution Of Downs Elixir, excepting
4 small territory about Nashua, New
Hampshire, and also bought all Of said
Downs receipts for patent medicines in
the hands Of agents. and upon the express
agreement that said Downs was to discon-
tinue the sale of said Elixir, and surrender
the whole business to the firm Of Curtis &
Smith, cxcept for the small territory in
and around Nashua aforesaid-Downs
reserved the right to supply a Mr.. Buxton,
Of Nashul aforesaid but this was of in
considerable amount, and of not much m.
portance to lis or him.
After the firm of Curtis & Smith was
dissolved, the assets mainly went into the
hands and became the property Of Jasper
Curtis; and so far as I know, or have
any means of knowledge. they continue to
be his property.
We paid to Elder Downs for the receipts
and territory aforementioned a large bo-
nus and agreed to pay a much larger prico
than it was worth. Elder Downs violated
his agreement and began to sell on terrific
ry sold to and occupied by Curtis e. Smith.
This lea to difficulty and suits, which have
been discontinued, and Elder Downs has
gone to the West. In the trade afore.
mentioned cur firm were to be at liberty
to use the labels, trademarks, circulars.
pamphlets, and all the machinery connec-
ted Herewith, MS Downs had himself done 4;
and Elder Downs was to abandon the sale
entirely and was to permit the 6rn to
carry on the business as Downs had dono
himself. We paid for the right. and CON-
tinued to avail ourselves of it until Curtis
Il Smith dissolved-which was I believe
in ls5l, or 1852; and further say aot.
WV. N. SMI7H
Signed and sworn to before me,
GEORGE +. HouGHroy,
Master in CBancery.
Washington County Clerks office,
Montpelier, Feb. 81. 1859.
l hereby certify that the foregoing is n
true copy of an original affidavit now on
flo in this Office. Which affidavit was
filed in the case of Downs and Henry
against Jasper Curtis.
In Chanccry. Sept. Term. 1858.
Given under my hand and the seal of
said County Court, this 2lst, day of Feb.
A. D. 1869. LUTHER NEwcoMB Clerk,
EpwAEDsDUROH, C. W, July 5, 1858.
hereby certify that | have used Downs
Elixir signed j. Curtis. in red ink, for tho
last year, which firmly believe has saved
my life. When | commenced taking tho
Elixir" it was supposed by physicians
and my friends that | was past cure. and
in the last stage OF consumption. l am
now able to ! ,bor and think that | shall
regain my health so as TO be free from any
lung affection. | can conseientiously rec
commend the Elixir signed J Curtis, in
red ink, to all afflicted with cough or any
Election ofthe Lungs. Previous to using
his Elixir. | used two fifty cent bottles
which were sent here from Waterbury
Vt, and was told that it was "Genuine,'
that it was manufactured and signed by
the veritable Downs himself, which had
no effect on me whatsoever, except TO tigh-
ten my cough. thereby caution. the afaic-
ted not to purchase any Elixir except that
which is marked J Curtis, red ink, which
is the only reliable. downs Elixir" in
this country. 7. MccURDY.