The sun., 1896-08-21
EDISON SUES HISPARTNERS.
r,Y1, HIS SNARE OF THE PROFITS
ON HIS MEDICINE.

,.r Reasons OF Proressionai Deiieaey He
ma Sot caro- TO Appear In the Company.
,nt He Snva STA Ausoeiates Are Trying
40 D.fraud Him, and IHe Iuvokes the Law.
,,,,,ion was argued In the Supreme Court
.,,ore Justice Pryor yesterday In an action
s,onch, BY Dr. Cyrus Edison. late OF the Health
n,rat,ment, against the Ammonol Chemical
rompAny OF New Jersey aud DR.. Allen II. Still
.rJF W. stemmler. in which he asks that Still
,rd s,ermer be enjoined from making or
sas,b., selling preparation made by the COM
..,v and for the abroGation of number of
sor,r,,ts that he made with the two de-
,.D5sn,s. charging that they have defrnuded
Mn, ont OF an interest IN the company, and have
,.,led 10 carry out their contracts.
I,.,re,-s that in 1902 DIR. Edison discovered
A.. ,rcnaration the formula of which he pub
,i.b.d for the use Of the medical profession. In
500 h. with Still and Stemmler. the former q
.1r.i,!an and the latter commission NOR
tS.,t entered into a contract, under the terms
o,vhich a stock company wos to be formed for
,hsnanu.aeture OF the preparation and its sale
10 ,bvs!e.ans Stemmler was to furnish capital
.r5 rp.h the sales. Still was to boom II among
-hr.tc;,ns and Edsou was to furnish the
t,,r,nla and also to use his influence to have
,1s prepara,ion adopted. Stemmler got 90 per
.srt still % per cent. and Edison 90 per cent
Of the stock.
A, stated By Edsons lawyer. DR.. Cllo, DR..
rd.ou. through motives Of professional deli
,,ev." did not care to hold stock or figure Open
,v in the scheme, SO he agreed TO surrender his
o. rs-c cent. OF stock for one-tenth interest in
the dvidends OF the company. He now contends
h,,i.i. this interest out Of which he has been
derrauded by the consuiracy Of the defendants.
sill and s,eumler. who. he says. to further
hay themselves
.,,,,ies Of $4,000 and 81. 900 year respective
Iy and have tampered with the books and
pspers ut the corporation.
ihe allegations in the complaint are made for
the most part on information and belief. and It
was shown that Or. still made an amdavit on
which the charges OF Dr. Edison are based. Ihis
hm.elt with being one OF the conspirators
araust the person to whom he furnishes the
nt,,ns When pr. lilo was asked about this
pecuTAr state Of affairs he stated that there
we're other cases on record OF persons turning
EDr. Ptucotfs. representing the defendant
siemmier referred sArcastically 10 pr. Edison $
spro!esstona! delicacy." Justice Pryor was
The whole amount of the matter is that DR..
Ed.on was willing TO take his profits from a
S@oh, no. your Honor" cut in DR.. Pincofts:
lit not a patent medicine: it is very good
We'll. a, any rate" said the Court. "he was
willing TO appear indifferent TO the sale OF the
preparatiou. hile he was really talking IL up 10
thr profession for his tenth interest ?"
Dr. Piucots showed that the first contract had
been entirely carried out. and Justice Pryor de-
cided that as to this there could be no abToRa-
uon and this part OF the complaint passed out
Of consideration.
On the question OF the second contract DIR.
Pincotts contented that it was made with the
corporation. and that il there WAS anything in
the caarge that the tenth interest was not paid
then Or. Edison could sue for an accounting. or.
IN the event OF the abroGation of the contract.
euult get Only his 20 per cent of stock back.
being thus placed in the position he was in
vhen the second contract was made. As a mat
ter Of fact. however. he coptended that the
tecond contract had been carried out and moth
ing had been paid to DR.. Edison because no
profits lad accrued to the company.
He denied \ statement of Edison made in the
cnuplaint that Stemmler was financially ire
spOnGole. and submitted an affidavit in rebut-
tai in which Mr.. Stemmler swears that he Is
worth 100000 clear of all debts. As to the
business OF the company. ne submitted a state
ment that Up Jan. l. 1896. it had done q busi-
ness Of $4,000 with expenses of Sl4.90o: that
Stenmler had advanced 1870 out OF his own n
pocket and no salaries had been drawn. From
Jan. to Auz. OF this year the business amount
ed 10 $4,000, with expenses OF Sl3. 943. and that
While Stemmer had drawn checks for salary for
$1,000, he had never deposited the checks
knosins thar he would have to pay the money
obligations. Ii Was also contended that the
holpsny ia now indebted to Stemmler in the
sun Of Sl.s00.
DR.. Cllo asked that the Court give him time
submit rebutting acSdavits. which Was grant
u And decision vas reserved.