New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-08-21
DIR. CYRUS EDISON BRINGS A SUIT.
HIS CONNECTION WITH THE SALE OF
PATENT MEDICINE CALLS FORTH SIINT-
INC REMARKS FROM THE JUDGE.


A motion was argued in the Supreme Court before
Justice Pryor yesterday in an action Drought ny III
CYRUS Edison. late of the Health Department.
against the Ammono Chemical Company OF New
Jersey and Dr. Allen r. Still and +. W. Stemmler,
in which he asks that Still and Stemmler be en-
Joined from making further selling preparation
made by the company, and for the abrogatlon OF
number of contracts that he made with the TWO de-
PENDANTS charging that they have defrauded nm
ont of an interest in the company, and have failed
to carry out their contracts.
In 1892. it appeared from the arguments IN the
case Dr. Edison discovered the preparation, the
formula Of which he published for the use OF the
medical profession. lie also. with Still and Stemm-
Ter tho former Of whom is physician and the la;-
ter a commission merchant, entered into contract.
under the terms OF which stock company was 10
be formed for the manufacture OF the preparation
and its sale to physicians. Stemmler was TO fur-
nish capital and push the sale DR. still was 10
boom 1: among physicians, and DR.. Edison was 10
furnish the formula and also use his influence
quietly to have the preparation adopted Stemmler
received 60 per cent, Still ~ per cent and DIR. Edison
% per cent of the stock. Later another contract
was made between Dir. Edison and the company.
As stated by the plaintiffs lawyer Dr. Edson'
through motives of professional delcacy, ala not
care to hold stock or figure openly in the scheme,
so he agreed to surrender his 20 per cent of stock
for onetenth Interest in the dividends Of the com
pany IT is this one-tenth interest OF which
he now alleges that he has been defrauded ny the
conspiracy of the defendants who he says, to fur
Their their conspiracy. have voted TO themselves
salaries OF 5000 and SEQ year respectively and
have tempered with the books and papers OF the
corporation.
One Of the most peculiar parts of the case was
shown TO be that the allegations in the complaint
are made for the most part information ard
belief and that Dr. Still made the AFFIDAVIT on which
the charges of DR.. Edison based. This places
Dr. Still I'm the position Of charging himself with
being one Of the consprators against the person TO
whom he furnishes the information, thus virtually
accusing himself Of Il fraud. When DR. Cno. who
appcared for the plaintiff. asked about this
neculiar state of affairs he remarked: There are
other cases on record OF persons turning States
evidence"
DIR. Pincons representing the defendant Stemm-
Ter referred In court in biting terms to Or. Ed
sons professional deicacy" Justice Pryor spoke
In even palmer terms. He said: 'rhe whole
amount Of the matter is that Or. Edison was willing
TO take his profits from quack medicine
"Oh no. Your Honor" remarked DR. Pincoffs
ut is not a patent medicine; 1t is a very good
We'll. at any rate" said the Court "he was
willing to appear indifferent to the sale OF +, the ne
the profession for his tenth Interest,""
Dr. Pincoffs admitted that this was the case
entirely carried out and Justice Pryor decided
that as to this there could be no abrogation and
this part Of the complaint passed out of consd-
Grafton
on the question Of the second contract DR.. Pin
COTS contended that II was made with the corpora
tcn and that II there anything in the charge
that the tenth interest was not paid, Dr. Edison
the abTogaton Of the Contract could get only his
% per cent of stock back. being thus placed in the
position he I'm when the second contract
made. As matter Of fact. however. he contendcd
that the second contract had been carried out.
and nothing had been paid 10 DR. Edison because
profits had accrued TO the company. He denied
a statement of DIR. Edison. made in the complaint
that Stemmlcr financially irresponsible, and
submitted affidavit in rcbuttal I'm which Stemm-
Ter swore that he worth 10000 clear of all
debts. As TO the business Of the company. he sub
mitted a statement that NJ 10 January !. 1885, 1t
had done Il business OF $1,000, with expenses Of
N4.eo0: that Stcmmler had advanced $40 out Of
his pocket. and no salaries had been drawn.
DR. 10 asked that the Court give him time to
submit rcbutting affdavits This granted and
decision reserved.