Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1902-09-17

came up Tor husl hearing. After all the
testimony wss introduced, It was decided
70 report The cases to the law court for
naai decisions. The chief Justice accord
inEly, vita the consent OF the parties,
40 reported them TO the law court.
with the above DEGREES granting the
preliminary inianotions, chlef Justice
Wisweli fiied an exhaustive opinion cover
Ing both the facts aud the law pertinent
20 these cases.
These easss, and especially Judge Wis
~cli's opinion, will be regarded with tho
Utmost Interest, a. the cases are tho first
OF he kind to come before the Maine
courts.
The seaeoss, Packing Co., complain
ant, is represented by Hanson & ST.
Clair, Of Calais. and Hale a asmlin, OF
Ellaworth; tho respondents by J. II.
Gray, Of i.1bcc, Herbert NJ. Heath, OF
Augusta, and ex.Judge Enoch Foster, OF
Portland.
The cases referred to above are the Sea-
coast Packing Co. v. Blon NJ. Pike and
Jacob Z. Pike; the Seacoast Packing Co.
v. Chester l.. Pike, and the seacoast Pack.
Ing Co. y. Robert J. Peacock. Following
Ia Chiei-Justice wiswelI's opinion In full:
THE orisros.
Thcse three eases were heard together before
me al Maohias on July %. 1904, upon The prayer
contained 10 each OF thc three bills for TEN.
psrary injunction to restrain the defendants
from violating their contracts hereinafter
referred 10.
The pfineipsl portion Of the evidence intro
dueod was particularly applicable 70 the frst
case, bat Il vas admitted Of record that the
same questions osly arc Involved In ali OF the
three cases. and that the temporary injunction
should he granted or depscd alike in all OF the
eases. shan refer Only to The evidence appn
eable 10 tse arss ease.
PRIOR 70 April "a. Issa. the defendants In the
isst case. together with ere Henry +. GIuisc.
had for number Of years been engaged as
oapAssaors, under the name Of the New England
ssrtiluo eoutpaay. To the business OF paoKiug
sari,nea Ia tho sown Of Latec. 10 Washington
county. Upon that day theY conveyed aud
ss.cslastcd 10 one RisRasd J. kiliek, in cor
sarsaitBn Of The sun OF $500. OF which
slAsg1. Vas paid In cash and the balance In the
cau,asoa stuak OF the piaintT corporation, their
satsiiHe pAeslas Pjant, Including ali tool =,
sAaehiasty aasi appliances OF every kidd. and
sac good VIII of The basiaess.
~ ths ssaso time, and as part o. the same
sfaseagsion, and for the same general consider
atloe these defendants ard their partner entered
into = written euassacs With Kiliick. under aass
Of Apgtl Is. iss9. vbcrvia they agreed with bin
bic hairs. representatives or sssisas. that they
wagIi n8t thereafter. directly or Indirectly
engage Ia shs business Of packing curing o'
causing sssAtnes or safiins hefrtnx. or In thu
sale thereof. exesps - shs agent or empl7yss ot
saii sscntsi party {Killcsl. his hsErs. represent
aGtvcs % ss-tgas. ~ Auy point OF place within
siissAure 81 30 miles OF the eliy of Passport
/ Malas. tor ths period Of ten years from and
sfscs the arst dsy o. May. Isgs +"
/ This csnsraes also proyhiesi for the empl y
naeut Of sliltse by knhck or hi. assigns for ths
+ y,esisd ~ ose year from the arss day ol
{ May. isag.
/ GA the same day Kiiltck conveyed and trans
I seftv,i TO tso plsintiG. CorpprAtloa organlEsd
I ar,icr Ias taws Of Srw Jersey. for the parpose
I among Others. +oF carrying On tho business oil
Z maaa tactsssps. packing, caring and prcssrSia.
{ sAs,iiaes. ssrilae herring and other food ash.
T sbl. property acquired from 1hese defendant
Z ansi iaetr paFtaer. together with various O,hei
/ properties acquired by bin from others, and HI
Z subsequently, assigned aud Transferred TO th'
+ ptsinsif tbs contract between hinl agd Ihcse de
fendsusa whcreia the laEtsr agreed not To engsg'
Ia tas aastavss Of pAckinE saFsiiaes.
The plslntia alleges that the defendants hay'
vlolssc.i ihsir agreement In thia contract. ,ha
shsy have bees sagas~d Ia the business Of pick
ins. castax and cAnulpz sariiues and ssrciin'
hrfsiax that sbsy have assisted Ia managing
and sapevsassnaJas thc business OF the Lube
saF,sias Go = corporation engaged Ia that hasi
mesa. ulsala th# Hats Of the territory naue'
/ IA ,tetr eantrAet. ana that they threaten STU
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