The weekly intelligencer. [volume] (Lexington, Mo.) 1891-1901, 1896-01-04
AN LAW.
Peculiar Defense Involving a Pro-
vision of the Statutes.

From the Globe-DemOcrat Dec. 81, '9j.
An important judicial dcision, involv-
ing the antitrust law of Missouri, was
rendered yesterday by Judge Rudolph
IlirZel, in the circuit court of st. Lonls
county, at Clayton. This decision.
which was made in the case of the Ma
tiOnal Lead Company, of New York. VS..
the 5. f.. Grote Paint Store Company, of
st. Louis, has excited great interest.
because of the fact that all sales made
or credit by any firm violating the anti
trust law are thereby affected. Eminent
counsel was engaged by the plaintiff,
three from New York City, but it re-
manned for two young lawyers of this
city to claim the laurelS.
In the spring of 1894 the National
Lead company. incorporated under the
laws of New Jersey, but with head
quarters in New York City, filed a suit
for 81 500 on account against the >. f.
Grote Paint Store company, of 5l9 st.
Charlest street, this city, in the circuit
court of st. Louis.
The plaintiff was represented by Alex
ander Il Greene, attorneys for the bond
holders of the Santa Fe receivership
cases, and w. C.. CULVER, special ouD
sci in celebrated cases., of New York
City: and Elmer Il. Adams, recently ap-
pointed judge of the federal court of the
eastern district of Missouri. Judge II.
4 - iIiCSl- RcLcIdl COuIIScl VI Iuc VI
souri Pacific railroad, +. w. Lehman,
general attorney of the Wabash railroad
company, WILDER f. Boyle, Virgil M.
Harris. j.. l.. Hornsby and L. Ii. Hei-
dorm, of st. Louis.
The defense was represented by Thos.
s. Meng and 5. Il. &. Smith, of this
city.
The suit wa brought as an action for
debt. and the plaintiff set forth an
| IfnFnlR0d onnnHNnf of tho ndAhfaAn0a
alleged. and asked for judgment for the
amount named, about 81 800. The de-
PENDANT made no denial of the obliga-
ton, nj in answer pleaded that section
of the Missouri antitrust law which
renders void any contract made by any
organization doing business in this State
as a trust or combine.
Much delay was encountered on both
sides before the case was ready to be
heard. but the defense announced itself
ready for trial about eight months GO.
In the meantime, in October, 1894, the
case had been taken to st. Louis county
on q change of venue, and was set for
the January term, 1895. The plaintiff
filed a demurrer to defendants answer,
and another continuance was asked for
and granted. Finally the case was
argued. and the decision handed down
yesterday was the result.
Section 1928 of chapter 12S of the Re-
vised Statutes of Missouri, 1889. under
the head of Pools and Trusts" says:
Amy purchaser of any article or COM
modify from any individual company OF
corporation ~transacting business con-
trary to any provision of the preceding
sections of this chapter shall not be
liable for the price or payment OF any
such article or commodity, and may
plead this chapter as a defense to any
suit for such price or payment"
. 1t was this chapter upon which the
defense based its opposition to the claim
set forth by the national Lead company,
> and the demurrer of the plaintiff IN the
answer filed was overruled ly Judge
; HirZel. This Will force the lead com.
pany to defend itself against the charge
, of being a trust, and as some of the
the most eminent legal talent in the
country is retained in the case, a hot
I legal fight may be expected when the
! case goes TO trial on its merits at the
d next term of court,
The decision created quite a sensation
e in legal circles, as it is held that it affect:
not onlythe case in court. but that j
will affect all credit sales made by thu
trust in this state, and that under TIL
r decision il will be impossible for an,
s trust or combine to maintain a suit TO
e the purchase price Of goods sold in thii
state.
e This case is one of great Importance
: and the leading counsel for the defend
ant was Thomas S. Meng, a nephew o
DIR. j. w. Meng, of this city, and
o brother of Mr.. VIM. Meng, the Dove
r druggist. MI. Thomas Meng was a
one time a resident of this city ana ha
many friends here. lie is about .
: years of age.