The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-01-28
WAR OF LETTERS.
The SCribner Bancroft
Litigation.
kilograms and Dispositions Relating
to SANKEY'S SIN Darkest Africa"
and JephSon'S "Emin Pasl1a."

About two years ago numerous canvass
ers of A. l., Bancroft 81 Co. were engaged
in every portion of the State selling Stan.
ley's book ''ln Darkest Africa" and also
Jephson's "Emin Pasha. or the Rebellion
at the Equator"
Many of the subscriber to the books are
still waiting for their delivery, and most
of them have never been enlightened as 10
the cause of their non-appearance. The
delay lies in the suit for damages to the
amount Of $10.041 Al brought by Scribner
Brothers eff New York against A. l.. Ban
croft d Co. of this city. The suit was set
for trial in the Circuit Court last week.
but was postponed on account of another
being In progress.
This case is decidedly tangled, it being a
three-cornered legal fight. A suit for fore
closure OF mortgage by Bancroft against j.
Stuart and damage suit OF $4,000 by j.
Stuart against Bancroft are side issues in
the Superior Court of the Federal suit.
The complaint of Charles Scribner against
A. l.. Bancroft rectes three causes of
action, one being for goods sold and deiiy-
ed but not paid for, and the other two be-
ing damages for failure to take the requl-
site number of books ordered.
On April Is, 1891, Bancroft entered into
COnlI Will ll6 ScIIUucTS 10
10000 copies of their subscription book by
Stanley, In Darkest Africa" and also
1000 copies of Jephson's "Emin Pasha."
vi Stanley's book only 1889 copies out of
the 10000 were taken and of the other
book only $40 of the 1000 copies ordered.
Scribner further complains that books to
the value of S65.711 81 were ordered. but
only S63. 405 60 was paid, leaving S2305 IS
due.
The trouble was caused by the sale of
his subscription department by Bancroft
TO j. Stuart and the assignment of Serb
neT'S contract 10 this sale and the refusal
by Scribner to have his contract with Ban
croft assigned TO another.
A large mass Of deposltions of New York
witnesses has been taken as we'll as all
the correspondence on the subject between
ScriDner and Bancroft aud between Serb
Der and Stuart.
At the beginning. in January, 1890, Ban
croft wrote TO Scri bner asking for the right
to sell Stanley's book. Although up TO
this time DewiDg & Son had handled Scrib-
ner'S subscription books on this coast, the
contract was closed with Bancroft at the
figures already mentioned.
The books sold very rapidly at first, one
agent reporting fi,ty-One orders in five
days AID another seventy-fOur orders in
thee days. The profits were very great,
as SANKEY'S book cost the publishers only
So cents in cloth, while 'Emin PaSha" cost
60 cents, aud were sold for five times that
amount
On April 90, 1891, J. Stuart bought out
the subscription-book business of a. l..
Bancroft and supposedly the remaining
orders for Stan ley's and Jephso sons books.
But the Scribners refused 10 sanction any
such assignment. One Of their kilograms
at that time reads:
We do not know Stuart s. Co. p?e have
drawn on you at sight for account long past
due. Protest without fail.
Then came the j. Dewing failure in
June and great dullness pervaded the
book business here, and spicy letters
passed between Bancroft and Scrbner, the
latter claiming that 1--WE have waited five
months for settlement and we ars out of
patience and our self-res pect forbids fur
ther liberation" and closing with threat
to put the whole matter IN the hands of
attorneys.
Il went hard with Stuart for while. but
be finally got on his feet and RENTED to
Scribner S24l3 70 due from Bancroft.
Scribner received this, but laced it to the
account of Bancroft and refused to recog-
nlZe Stuart in any way either by filling or
ders or otherwise
Then followed several kilograms from j.
Stuart: Did you receive remittance?
Are books shipped?" From Scribner
came: Remittance acknowledged to Ban
croft. We have no unflAed orders from
him for any books" From Stuart: I'VE
sent remittance aud orders and require
acknowledgement. We protest against
Bancroft being made party to our af-
fairs" From Scribner: This not your
affair. Our contract is with Bancroft; we
do not recognize you"
In the deposi ion taken from Henry Il.
Thomas, Scribuer's head man in New
York. he says that the loss 10 the com
pany in not taking the books ordered is
S7735 49, Charles Scribner, in his testi-
mOny. says that both books have greatly
deprecated in value aud are not worth
one half of what il cost to publish them.
that the sale of the books died with the
lack of interest in Stanley and his travels
about one year ago.