The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-11-10
THE QUALITY OF LAGER
1T Is AN IMPORTANT FEATURE IN ST.
PERIOR COURT CASE.
A Brewing Company Tries to EnjOin
a Saloon Keeper from Sell
ing other Beer.

Judge Harvey, of Room 2, Superior Court,
is trying the suit for injunction and &C
counting brought by the American Brewing
Company against John e. Ferris a West
Washington-street saloon keeper The main
question in the suit seems to be the quality
of the beer made by the plaintiff. The suit
grew out Of a contract which Ferris made
with the owner of the building he occupies.
Mrs. Magdalena Maus mother of Frank
Maus and the mother-in-law of Joseph
Schaff, manager of the American Brewing
Company owns the premises occupied by
Ferris. 1t is claimed that when Ferris
rented the building for saloon purposes he
signed a contract, one provision of which
required him TO handle American Brewing
Company beer to the exclusion of any other
brew
About five months ago Ferris quit selling
the plaintiffs beer and began handling other
brands. The suit is to enjoin him from
further violation of his contract and to re-
quire him to account to the brewing COM
pany for all the concern has lost by his
failure to handle its beer. The defense
claims that such {. contract as Ferris signed
tends to create a monopoly and is against
public policy and the interests of trade. 1t
is claimed that many of Ferris's customers
withdrew their patronage from him because
he sold only American Brewing Company
beer, which they did not like. It is asserted
that this beer is made by the vacuum
process, which enables the brewers of the
beverage to put it on the market from
nine to eleven days after the first steps are
taken toward making it. The assertion is
made that it requires from two to four
months to get other brands of beer ready
for SALE On the question as to the quality
OF the plaintiffs beer as compared with
that made by other brewing companies
Judge Harvey yesterday heard a great deal
of expert testimony. Attorney Spaan, coun-
sci for the defendant, brought out the fact
from one expert that beer is the Oldest
intoxicant known to the world 1t was first
brewed in ancient day by the Egyptians.
One witness in testifying as to the superior
quality of the plaintiffs beer said it had
a fine head" referring to the foam on the
beverage
Eyes, and you have a fine head after you
drink it, don't you, Mr.. Witness?" inquired
Attorney Spaan. The witness replied that
this was sometimes the case BENJAMIN
Jearl, another witness called as an expert
confessed that he knew but little about
beer because he always drank other liquor
The testimony yesterday developed the fact
that John LUX, saloon keeper on West
Washington street, also owns a saloon on
Virginia avenue, which was recently named
1.-THE Manila" 1t was shown that the Ii
censo for THE Manila" is held by a driver
IN the employ of the American Brewing
Company.
1t is charged by the plaintiff that Ferris
did not discontinue the sale of American
Brewing Company beer until the company
declined to erect a large Illuminated sign
over his door, After this refusal it is
averred, Ferris began to object to the beer
by the defendant. The brewing company is
represented by Duncan, Smith & Hornbrook.