The Providence news. (Providence [R.I.]) 1891-1906, 1897-11-06
Mrs. Campbell'S Com.
plant Heard in Court.
HER HUSBANDS PATENTS.
Claims Estate Derived No Benefit
From Foreign Ones.
ANSWER MADE BY DIRECTORS.

The affairs of the Campbell Machine
certain stockholders in the past were dis
cussed in the Appellate Court before
Judge Tillinghast today at considerable
length. Very recently the directors Of
the company agreed TO transfer the per-
sonal property OF the company, Its good
will and the foreign and domestic patents
held by it. Henry H. Metcalf, David
Melvin and Frank G. Comcy are the
present directors OF the company and Mr..
Metcalf also occupies the position OF
treasurer.
A former member of the company
named Duncan II. Campbell died in 1874
and it is his invention of sewing
machine to be used in the manufacture
of shoes that the comTany since 1880 has
been engaged in the manufacture.
Mrs. Annie Campbell, widow of Dom
can II. Campbell claims that the company
took out a large mum Der oil fornign
natents under which its stockholders
have realized a great deal OF money but
ncither her late husband nor bis estate
has received any benent from the invcn-
tions patented III France, Belgium. Aus.
tria-Hungary and Germany which i'm
ventions were the result of the ingenuity
of her late husband.
She filed a bill i'm equity against Eliza
beth Metcalf and other memb bcrs OF the
Campbell company i'm which she charges
them with gross ilTlud in regard 10 these
foreign patents and with having obtain
cd thsse Iatents against the desire OF the
inventor A discovery is asked for of tho
profits arising from the business done in
the countries where the patents were
obtained and an injunction is asked ie-
strainug the sale until an accounting In
bad between Mrs. Campbell and the COM
pany
The complainant did not offer any testi-
mony but rested on the statements In the
bill, which was sworn to and her counsel
asked for preliminary injunction.
An answer in the nature of an aiii-
davill Twas read by Attorney j. IL. .sMaynan
Of Boston who, with W. w. & Il. W.
Bodgctt, represented the defendants.
denying that the directors had been guilty
OF any fraud what soever alleging that in
1881 q corporation was formed, and all
American patents were transferred To- the
corporation, and tnat on Nov. ~. all the
interests in any foreign patents were
transferred Dy parties Interested TO the
corporation n. That Mr.. Campbell refused
to sign power of attorney for an Eng
lish patent agent 10 take out the paten Is,
or an agent In any other company but
that aiterward on prohibition being
nut on his sale of stock he did agree To
sign the power OF attorney. Aftsrward
Mr. Mctcalf, as representative of the
corporation. gave powers of attorney to
agents in European countries to obtain
patents
H. Il. Howe Of Boston testified that the
word invention in obtaining patent in
European countries did not mean as IN
this country. the party who invented q
thing, hut the party who found IL or had
his hands uron the thing to be patented.
Henry B. MetcAlf testified that tho pi'o.
posed sale would he cf great advantage To
the Stockholders ~ $50 coo was to he re-
cnivcd i'm cash. an indebtedness of sUDUO
was to ne assumed by The purchasers
who were also 20 pay u certain rate of In
terest ON the capital stock for period uf
~ wears Mr.. Mctcalf tenicd That any
money had b'en realized from tbs sale of
the foreign patents, but admitted MA
chimes made Ia this country that were
protected by patents In European eo.h-
tries haze been sold for between 81, vVO
ana so OU0.
Claude H. farnswortb and John T.
whcelwrirbt and :. Butler If Boz
ton were counsel for Mrs. Campbell Mr.
Butler made the long hearing very IN
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