The Providence news. (Providence [R.I.]) 1891-1906, 1897-05-17
INJUNCTION REFUSED.
Judge Brown Denies Petition of S.
H. Greene & Sons.
They wanted the ST. Denis Co. Restrained
From Enforcing Contract.

Another step in a famous case was taken
today. The ST. Denis Company of
France began suit against S. III. Greene
q Sons, proprietors of the big calico print
works at River Point eleven years ago for
damages amounting TO $50, 600, and the
case has dragged ITS way along ever since.
Henry l.. Greene survivor of the firm
of :. IL. Greene * Sons, filed bill in
equity in the Circuit Court of the United
States, TO rescind for alleged fraud q
written contract made March IL, 1893, be-
tween said firm ana the defendant. The
Societe Anonyne DIES Matieres Colorantes
ct Prodults Chimiques de st. Denis, a
corporation Incorporated under the laws
of the Republic of France and to enjoin
the prosecution OF a suit at law begun by
the St. Denis Company in the United
States Circuit 60 recover damages for the
breach Of said contract.
BY the terms of the contract the firm
OF >. III. Greene * sons agreed to pur-
chase from tae st Denis Company ALTAR
inc, dye stuff manufactured from coal
tar TO the amount Of 1900 kilogrammes
per month, for period Of three years,
from EOct. d, 1896. This contract, the
complainant contends. was procured by
fraudulent representations.
:. III. Greene * Sons Of River Point
were manufacturers OF calcoes and prints
and the largest consumer of aliZarine In
the United States, their purchases
Gmounting to as much as $3.50, 600 year.
Previous TO the contract alizarine was
enjoying n monopoly in Germany, but the
ST Dcnis Company entered tho field of
competition and came To this country and
made the contract that the River Point
manufacturers now declare was obtaine d
on certain alleged fraudulent statements.
The monopoly price of alizarinc was 81
per pound. IL fell to about 81 cents "a
pound when the United States Supreme
Court decided that certain manufacture
of the article was not an infringemeut of
the United States letters patent This
decision Of the court Greene g. Sons de-
clare, mnde the contract with the st.
Donis Company of France of no effect.
This was the cause Of cOurt proceedings
which began in the middle OF May, 1859.
Damages were placed at 500 OtO The
present bill in equity which was filed in
the United States Circuit Court asks for
an injunction restraining the ST. Denis
Company from prosecuting any action at
law TO enforce the specific performance OF
contract
Judge Brown this morning says: "I am
OF the opinion, upon all the evidence that
the parties were contracting, NOT upon the
basis Of a supposed knowledge of the
terms OF the syndicate agreement. nor
even Of it's perfected plans. but merely in
anticipation of the probable sequence of
present business condition and that the
contract as entered Is not upon the basis
of facts known to both parties and prac.
ticalIy undisputed. Upon the findings
therefore in all the testimony, that the
statement that other contracts had been
made T. not proved 60 have been made by
tho 81 Denis Company, and shat thoro
was no Misrepresentation in the written
statements or I'm the oral statements OF
Mr.. Nayille the -. Denis Company's
Representatives relating Co these matters
and no material discrepancy between tho
statements and the facts. -
Judge Brown further says:
al am OF the opinion that there is no
ground for attributing 90 tho defendant
corporation or its agent either bad faith
or inaccuracy or recklessnoss uf state
ment ana that on the contrary their good
faith and substantial accuracy OF state
mont in the dealings resulting I'm the con-
tract arc satisfactorily established. Tho
Injunction X tTr-UfUre dCrtrt Unu the
bill will he dismissed with costs.
Mr.. B. y. baphain and Mr.. Herbert G..
Hull were counsel for the ~ Denis
Company and Mir. Edmund Wetmore and
Mr. Lawrence H.. Sexton of New York
for Henry l.. Greene X Sons.