The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1859-04-13
Facts for the People.
AFFIDAVIT OF WA. N, SMITH

|, William N. Smith, of st. Adams, in
the County of Franklin, and State of Yer.
mont, depose and say, that l was former
ly Y partner with Jasper Curtis, under the
name and firm of Curtis & Smith and
while such partner, our firm purchased Of
n. II. Downs all of the territory which
we did not previously own for tho sale and
distribution of Downs Elixir, excepting
a small territory about Nashua, New
Hampshire, and also bought all Of said
Downs receipts for patent medicines IN
tho hands Of agents, and upon the express
agreement that said Downs was to discoD-
tinue the sale Of said Elixir, and surrender
the whole business to the firm of Curtis h
Smith, except for the small territory in
and around Nashua aforesaid-Dowps
reserved the right to supply a Mr.. Buxton,
OF Nashua aforesaid but this was of in
considerable amount, and Of not much m
portance TO us or him.
After the firm of Curtis & Smith was
dissolved, the assets mainly vent into the
hands and became the property Of Jasper
Curtis; and so far as l 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 b.
nus and agreed to pay a much larger price
than it was worth. Elder Downs violated
his agreement and began to sell on terrific
ry sold to and occupied by Curtis 4 Smith.
This led to difficulty and suits, which have
been discontinued, and Elder Downs ha.
gone to the West. In the trade afors
mentioned our firm were to be at liberty
to use the labels, trademarks, circulars,
pamphlets, and all the machinery connec-
ted Herewith, as Downs had himself done .
and Elder Downs was to abandon the sale
entirely and was to permit the firm to
carry on the business NJ Downs bad done
himself. We paid for the right. and ron,
tinued to avail ourselves Of it until Curtis
& Smith dissolved-which was | believe
in 1851. or 1857: and further say upt.
WV. y. SMITH
Signed and sworn to before ne.
GEoBeE +. HoueHroN,
Master in ChancsSy.
Washington County Clerks Office,
Montpelier, Feb. 81. 1859.
hereby certify that the foregoing i.
true copy of an original affidavit now on
file in this Office. Which affidavit was
filed in the case Of Downs and Henry
seainst Jasper Curtis,
In Cbsncery. Sept. Term. 1858,
Given under my hand and the seal Of
said County Court, this 2lst. day of Feb.
A. d. 1869. LUTHER NEwcosB Clerk,
EDwARDsBuReH, G. w., July s., 1888.
! hereby certify that | have used Downs
Elixir signed ]. Curtis, in red lux, for the
last yoar, which ! firmly believe has saved
my life. Whoa commenced taking the
Elixir" 1t was supposed by physicians
and my friends that | was past cure. and
in the last stage Of consumption. am
now able to Dor and think that shall
regain my health so as to he tree from any
lung affection. | can conscientiously rec.
commend the Elixir signed J Gurus, in
red ink, to all afflicted with cough or any
affection of the Lungs. Previous to using
his Elixir. | used two fifty cent bottles
which were sent here from Waterbury
W., and was told that it was "Geauint,'
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 Attic
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, T, MceuRpy,