Mexico weekly ledger., 1881-02-24
The Circuit Court.

On last Friday night the January
term of the circuit court adjourned
sine die. This term was noticeable
for several reasons, among them be-
ing the fact that there was no crimi-
nal trial; but q much larger number
of civil cases were tried and dispos-
ed CT than usual, several of which |
were of peculiar significance and inn
portance, and for the still further
reason that the court was the first
term held here by the new Judge
Judge Robinson.
There was quite curiosity on the
part of our citizens to see how he
would conduct. the court, determine
legal questions, and dispose OF the
business. The highest expectations
OF his warmest friends were fully re-
allied. All attorneys, suitors. jurors
and witnesses, gave but common
| judgment upon the new judge-ihat
of entire commendation. He dis
patched business With promptness,
great impartiaiity, and Intelligence;
indeed, everybody, without regard to
party preferences, seemed highly
pleased and fully satisfied.
Several cases tried anc disposed of
presented new and difficult legal
propositions, and some of them Gre
a,ed more than usual interest. Among
the proceedings had, was the com
mence .nent of new suit hy Gill &
Garrett, hardware merchants, against
G. D. Ferris, all of this city, in
which the former sought, by inJunc-
ton, to restrain the latter from doing
a general hardware business in Mexl-
leo. 1t seems from the petition of
lGil & Garrett in the case, that in
1874, L. M. Gill & Co. bought from
MIR. Ferris his stock Of hardware,
&C., for which they paid him the
sum of $4,000, and part of the
property which they purchased at
that sum was the good will OF his
trade, which was supposed to be val
liable, owing to the long time Ferris
had been in business here and the
r extent of the business he had done,
a and the general acquaintance he had
throughout the county, and to pro-
tect the Gills in the enjoyment OF such
good will, there was put into the con
tract of sale, which was in writing
e the following clause: at is part
a of this contract, also, that agree
not to engage in the same line OF bus
mess / have been conducting hereto
= fore, so long as T. NJ. Gill q 20
It shall prosecute it there" and whlc'
Mr. Ferris signed.
4 Some time in 1879, Mr.. Garret
:, became a member Of the firm, and 1t
u name was changed tosGlll & Garrett
u and under that name they continue
to prosecute their business. 1t
er claimed by plaintiffs that this cor
no tract was a part of the assets OF Gi
80 & Co., an interest in which MIR. GA
c. ,ett purchased and acquired when b
ct went into the firm. Also, that Ferr
ch made similar contract with Gill
va Garrett, as s part Of the transactic
of the sale by him to them in 1o|
of another lot of hardware he had
Ter hand at Centralia, when he remove
*. from that place here, and in Violate
av of which contrat IS Ferris has open'
roc the hardware traffic again to I
damage of the plaintiffs. This chs
acter of suits throughout the count
, g. is quite common, since it seems
he understood among lawyers tn
the good will of any traders proper
q, to be bought and sold like other pre-
!, erty, and to be protected and
forced as other property rights
on. protected and enforced; and it see
inc further, to be understood and claim
lin this as in other cases, the grea
the experience, acquaintance a
tho skill of the dealer who sells out
,ou business tgether with the good W
" the more valuable is the payment
TO such good will, and hence the grea
damages to the buyer of it, If
seller afterwards disregards his c
st. tract of sale, and undertakes to
Chia business in the same line and pl
9 in as the one he sold.
In our courts there has never b
such suit, and we shall watch
merits with interest, and shall K
that our readers posted, as there SCI
eo to be much interest connected v
it. Tue court seems in all po
'eep made by Gill & Garrett, to sus
and hold them well founded, as
has granted the injunction as pra
puf' for in the petition, which will
city served, as we are informed, in a