The record-union., 1893-12-09
ERAVY JUDGMENT RENDERED.
]. J, Spieker Owes Victor Gregory a
Very Handsome Fortune.
Nearly S52, 900 Due the Latter for In
frlngement of the Formula of His
Roberts Bitters.
Judge Catlin yesterday rendered a sup

Ouu8O NdJIIH yesterday Ieuu6I0u d Su p
Elemental judgment in the case of Victor
j. Gregory VS.. j. J. Spieker (the cele-
brated Roberts, Lash Bitters case) for the
sum of SOL, ,S72, one of the heaviest judg-
ments rendered in this county in many
years.
The case is one that has attracted a
great deal of interest not only in this city,
where the parties to the suit resided-and
where the plaintiff now resides-bu. all
over the coast. 1t grew out Of the sale by
Spieker to Gregory ola compound known
as the Roberts Kidney and Liver Bit
ters' in 1884 Shortly after the transfer
was effected it appears that Spieller COM
menced the manufacture and sale of
"Lash's Kidney and Liver Bitters," but
he concealed his identity and connection
with the firm by carrying on the business
under the copartnership of L. NJ. Lash II
Co. Spieker, however, became involved
in litigation with Lash, during the pro-
gress OF which he unwittingly made
! known the formula of "Lash's'' bitters
and his connection with the firm.
These facts reached the ears Of Gregory,
and comparison of the formula of the
original Roberts" BitterS, with Spiek-
er's sworn testimony, together with
many other satisfactory proofs on hand,
soon brought the matter to a focus, and
with the result stated.
SPIEKER ADMITTED THE FACT
That he sold the Roberts Bitters formula
to Gregory in 1881, and he endeaYored to
secure relief by appeal to the statute of
limitations: butsthat security was denied
him, for the reason that the court found
he had traudulently concealed from de-
fendant the fact that he was engaged III
the manufacture and sale Of said Roberts
Bitters under another name. The statutes
did not therefore apply in the plaintiff 8
action.
JUDGE CATLIN's ORDER.
Plaintiffs interests in the case were
looked after by the law firm of Arm
strong, Bruner q Plattnauer, and the
Judgment was rendered for Gregory on
the last day of June, 1898, when the court
ordered a permanent injunction restrain
ing Spieker from manufacturing the
Lash Bitters.
At the same time Judge Catlin made an
order appointing Arthur NJ. Seymour of
this city referee, with authority to ascer-
tain and report to the court definite find
ings, showing the profits made by Spieker
since February 10, 1854, from the manu-
tacture and sale of the article known as
''Lash's Kidney and Liver Bitters," in
order that judgment might be entered i'll
GregOry'S favor Tor such sum as might be
found TO be due him.
THE REFEREES REPORT.
Yesterday Seymour submitted a report
EN- bracing the result of his inv vestigation
OF the sales and profits of Spieker. 1t
was found to be difficult matter to ar
rive at the exact sum to which the
plaintiff was entitled, hence the referee
took the lowest possible figure, sol, ,072.
His report was as follows:
The undersigned, having been ap-
pointed by the court referee in the above
emitted action on the 9th day Of August
1893, with directions to take and report to
the court the net profits made by The de-
fendant since the 9th day of February,
1854, to the commencement of this action,
erts' Kidney and Liver Bitters, under
the name Of Lash's Kidney and Liver
Bitters, and also TO take the evidence and
report the same TO the court with his con-
clusions and findings showing the
amount of said net profit; and due notice
of the time and place of hearing before
said referee having been duly given to
the attorneys Of the respective parties
hereto, which hearing commenced on the
2Sth day of November. 1898, and said
hearing having been duly continued
from time to time until all the evidence
was taken and the case closed and sub
mitted to the referee for decision, and
now at this day said referee makes and
reports the following findings:
"First-That from the evidence intro
duced the defendant, j. J. Spieker, sold
from the 9th day OF February, 1884, to the
4th day of October 1892, the time Of the
commencement Of this action, II. .96S cases
of Roberts Kidney and Liver Ritters,
sold under the name of Lash's Kidney
and Liver Bitters; that each case con-
tanned twelve bottles of Roberts Kidney
and Liver Bitters, sold under the name
of Lash's Kidney and Liver Bitters.
"Second-That the said defendant, J. ].
Spieker, received for said II, 96S cases of
Roberts Kidney and Liver Bitters, sold
under the name of Lash's Kidney and
Liver Bitters, the sum of 500, ,502, or the
sum of 81 rs per case.
Third That the total cost to the said
]. J. Spieker of the manufacture, sale,
commissions, advertising, etc., Of said
L, 96S cases of said Roberts Kidney and
Liver BitterS, sold under the name of
Lash's Kidney and Liver Bitters, be-
tween the 9th day of February. 1884, and
the 4th day OF October, 1892, was the sum
of SIS, $50.
"Fourth-That the net profits of said J.
J. Spieker from the sale OF said II, 96S
cases of Roberts Kidney and Liver Bit
terS, sold under the name OF LaSh'S Kid
ney and Liver Bitters, between the 5th
day Of February, 1854, and the 4th day of
October, 1892, was the sum of S51, ,872 be-
ing the sum of 81 net profit upon each
case of bitters so manufactured and sold
as aforesaid.
"Conclusions-As conclusions from the
foregoing facts, find that the net profits
made by the defendant. j. J. Spieker,
from the 5th day OF February, 1884, to the
commencement of this action, namely,
the 4th day of October, 1892. in the manu-
featuring and selling Roberts Kidney
and Liver Bitters was the sum of SOL, ,S72."
1t was in conformity with these find
ings of the referee that Judge Catlin
yesterday rendered final judgment in the
case for the sum named.