Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1904-06-24
BELLOWS FALLS NEWS
cAsEIN coMPANY's VICTORY.
Granted a Sweeping Injunction Prevent
ing the Alden Speare's Sons Company
from Engaging in casein 3uesiness.

from Engaging in caseln Business.
The case which has been on trial in
Boston since April Attn in behalf of the
Casein Company of America, which has
one of its principal plants at Bellows
Falls, against Gushing Adams, n. j.
Charles, IL. Ray Speare and the Alden
Speare's Sons company of Boston, was
ended Tuesday by a final decree ana Judg-
ment for the plaintiffs. 1t Will be remem-
bered that Gushing Adams was for sew
eral years the superintendent of the Bel
lows Falls plant of the Casein company,
and Charles was for several years the
manager of the raw material department.
Adams and Charles resigned by telegraph
on January 10, last, and Immediately
went to the Speare's company ana TOOK
with them n large number of the private
rules, formulas, reports, papers and doc
uments of the plaintiffs and Immediately
entered into the employ of the Speare's
company by the procurement of Il. Kay
Speare, and the latter company started a
casein department and Immediately al
yertised to all the trade that 1T would fur-
nish casein as had formerly been fur
nished by the Casein company. The
Casein company Immediately brought
suit in the supreme court of Massachu-
sets at Boston, against the defendants
alleging conspiracy to inJure the pam
tiffs and take away their business and
prayed for a temporary injunction re-
straining the defendants from doing any
thing in the line of manufacturing and
selling articles the plaintiffs were man
ufacturing, and from doing any business
with any parties whose names could be
obtained from the papers taken by Adams
and Charles; this including practically
the whole casein trade of the world. y
temporary injunction was granted on
March 2, and entirely put the defendants
out of business, they then having been
in business only two or three weeks. but
in those two or three weeks had taken a
good many contracts away from the
plaintiffs. Hearing was commenced on
the case before a master on April 4. and
has continued practically every day since
until Tuesday. The defendants then gave
up the contest and stipulation was entered
into and Masters report was filed and
decree entered granting the plaintiffs a
perpetual injunction against the defend
ants forever prohibiting them from in
any way using any of the private rules,
recipes and making contracts as set forth
in the bill of complaint for any purpose,
and from using any of the same and
copies of the same in advertising in any
manner or manufacturing or selling
any of the articles or products manu-
featured by the plaintiffs as set forth in
the bill and from using, copying or maxi
ing impressions of any of the said copies,
and from furnishing to any person or
tlopAA thN RlA'' 80 20 S''ANFo go
formation concerning the same or from
permitting any person or persons to read
or inspect the same, or to take or to
make any copy or duplicate of the same,
and from soliciting or taking any orders
from any customers of the plaintiffs con-
corning it or information as given by or
obtainable from said documents or pa
pers. and from undertaking to secure or
taking or making contracts with or pur-
chases from any person or persons with
whom the plaintiffs had contracts
for furnishing raw material and con-
corning which any information APP
pears or is o%btainable from any of said
or papers. The defendants,
the Speare's company, can only sell casein
in any way as agents of the plaintiffs and
the defendant Adams cannot enter into
any paint business using the same kinds
of paint that are made by the plaintiff,
and the defendant. Adams, also signs a
document acknowledging the patents
owned and controlled by the plaintiff on
paint products, and the plaintiff receivers
the sum of SO, 900 damages, and all the
contracts which the Speare's company Sc
cured during the short time they were in
business are turned over to the plaintiffs,
and all the papers taken are decreed to
be returned.
1t is a complete victory for the plain
tiffs and secures to them in full the right
to the Casein business which they have
built up and covers the entire field in
that line. The trial has been one of the
longest and most holly contested which
has been held in Boston for a long time,
and has created great interest in trade
circles. u. II. Allbee of Bellows Falls,
C. C. Fits of Brattleboro and Frank n.
Nay of Boston were counsel for the plain
tiffs and Dodge & Carter and Mason &
Proctor of Boston We're counsel for the
defendants.