The evening star and Newark advertiser. [volume] (Newark, N.J.) 1907-1908, 1907-09-20
FRAUD IS
CHARGED BY
INVENTOR
Sues Weston Electrical In
Strument Go. Hits at
Head of Firm.
WANTS CONTRACT UPSET
Patents on Devises Used All
Over World InvoIVcd'.Expert
Asks Accounting,Of Moneys
From Fruits of Genius.
Made Concerns Success.
WANTS CONTRACT UPSET

OaDle eIecIr1Cdl medSufiHS PdtNht9
manufactured by the Weston Electro
cal Instrument Company, of this city,
was started today by Chandler w.
Riker, counsel representing DIR. Adel-
bert o.. Beneke. who alleges that for
fifteen years Commodore Edward Wes-
ton. president of the big defendant cor
poration, has fraudulently schemed and
planned to get control of the complain.
ants inventions and patents. These
cover the world famous volunteers and
wattmeters made by the Weston Com
pany. and an air danper device used
on %teratin current electrical meas
uring instruments. the group compris-
ing the most valuable and scientifically
interesting devices produced by the
Weston Company.
The complainant in the suit is d grad
uate of the University of Koenigsberg.
Berlin, 1882. and is known TO the scfen-
lists of the continent as one of the
leading electrical engineering experts of
the world. In his bill DR.. Beneke shows
that he has been the intimate and
daily associate of Commodore Weston
since 1891. and that his inventions have
been the principal factor in the sue
cess of development of the great bust
ness now conducted by the Weston
Electrical Instrument Company.
DR.. Beneke brings suit to have de-
clared void a certain contract made
with Commodore Weston at his private
rooms in the Waldorf-Astoria August
4. 1903, by The terms of which he is
barred from manufacturing on his own
account the various instruments, the
patents for which are specified in the
text of the contract. He asks also that
Commodore Weston and the defendant
corporation be required to give him an
accounting for all money received Tor
the various inventions and instruments
made and sold by the defendants.
According to the allegations in the bill
at the time he became associated with
Commodore Weston, in 1881, the iatter
held n little less thar one-half the capital
stock of the defendant company. From
tbe start. DR.. Beneke AYERS, Commodore
Weston promise to recompense him for
his natents by procuring him a large por-
y ton of the stock. These promises con-
tinued until 1901, when II. O. Matthiesse",
tile controlling stakeholder and presldent
of the company, lied. AT that
time. the bill says, Commodore weston
urged him to be patient n little longer,
as the heirs of Mr.. Matthiessen dld not
care for the business. and he weston
was planning to buy their stock nolu!hss'
and promised that when he secured TINS ne
w0uI6 give the OIlpldllldHl MS Sh0iN
These promises continued until Juiyv 1875
when. IL appearing that the Matthiessen
etook could not be bought, Commodore
Weston proposed a contract for joint con-
troll of four Of the important patents
which had been issued to them Jointly.
and gave over to DIR. Beneke the full
receipts for his air damper and Yoltrneter
patents
That while In the employ of the Weston
Electrical Instrument Company your
orator was in daily and intimate assocla,
ton with the said Edward Weston, ana
that the said Weston held out to him the
expectation and promise that yonr orator S
position In the said business would become
one of greater Importance and that he, the
him an interest In the business itself. Ihat
he frequently stated TO your orator that
he, the said Weston, recognized your
orators ability ard value to the business
and would see to 1t that your arotor's III
~terests would at all times be fully pro-
tected: that especially between the years
1898 and 1903 the said Weston frequently
stated to your orator that when the new
plant of the Weston Electrical Instrument
Company was completed and the readjust-
ment of the stock of the company then in
contemplation was worked out, he, the
said Weston, would secure for your orator
n substantial stock interest In the company
for your orator, which would place your
orator in a strong participating position in
the company, and urged yonr orator In the
meantime TO be content with his position,
because he, the said Weston. would per-
sonally care for the interests of your
orator.
As to the contract signed IN the Wal
dorf-Astoria in August, 1903, the bill AYERS;
And your orator further shows and in
sists that at the time the said Edward
Weston had formed the purpose and had
entered upon a plan or scheme to fraudu-
lently deprive your orator of all valuable
interests in your o~pator's said patents, in
the said patents owned Jointly by him and
the said Edward Weston. and of all profits
and income from the said patents, and
fraudulently to require and secure to him
self all valuable interests in said patents,
without payment of any consideration
therefor"
DIR. Beneke's bill asserts that at the time
III contract was proposed Commodore
Weston had nearly consummated his plan
for obtaining control of the outstanding
stock and that his representation that the
contract would protect DIR. Beneke was in
tended secretly to deceive and defraud him.
Kenyon & Kenyon, of 40 Wall street to
whom Commodore Weston referred the COM
pIainant to have the contract prepared, re-
fused to draw the paper. Subsequently
Herbert II. Gibbs consented to do so, al
Though at first he also objected on the
ground that the complainant was not suffi-
ciently protected. But believing in the
good intentions and honesty Of the defend
ent. the complainant finally signed the
paper.
The contract is set forth in full in the
bill. By its terms ii provides, first, that
the two parties thereto. Edward Weston
and DR.. Beneke, shall hold and use all theii
inventions for their exclusive interest and
advantage, second, that neither of the
parties shall sell, assign, transfer, either
in whole or in part, without the writer
consent of the other; third, neither party
shall manufacture, sell, use any of tn,
inventions without the written consent OF
the other; fourth. the income derived from
the sale of patents issued to them jointly
shall be divided, one-half to go to eaci
party. the income from the patents ISSUED
to DIR. Beneke individually to be paiC
solely to him. The other provisions speci
fled that accountings should be made wher
demanded by either party, and that tn,
agreement might be terminated by mutua
consent.
After the signing of the contract. the, bill
says, Commodore Weston continued TO hol,
out a promise that a stock readjnstmen
would soon be possible, but In July. 1904, ii
order. the bill says. to prevent DIR. Benek
from meeting the Matthiessen heirs, Com
modore Weston suggested that DR.. Benek
make a tour Of the big ~laboratories 0