The sun., 1909-06-29
PROCESS SERVER IN THE CLUB
BROUGHT AS GUEST BY ONE
MEMBER TO SERVE ANOTHER.

Governors Decide IL was tno NicuWs
Own Fault That He was Served at
the Dinner Table-Tho Lawsuit ID
over Prof. Whipple's Insulating Oh.
While it isn't regarded as chubby at the
National Arts Club for one member to
bring In process server to nail brother
member In a lawsuit the board OF gov
ernors has dismissed charges brought
against the member who was suing the
other one and has decided that there
wouldn't have been any trouble II the
member who felt aggrieved had accepted
service at the elevator instead Of oon-
pelling the process server to invade the
dining room and disturb his meal.
The lawsuit is brought by Raymond
st. John Perrin and is against Doris
whipple. recently instructor in analytical
chemistry at Columbia, and H. Bridgman
Smith and his brother Philip. paper box
manufacturers. The case came before
Supreme Court Justice Blanchard yee-
terday on the motion Of the defendants
to dismiss the complaint because It didn't
set up a cause Of action. Gilbert Ray
Hawes. appearing for Perrin. maintained
that it did and told the history Of the case.
Mr.. Hawes said that Perrin. who was
recently a varnish manufactures but
who has taught philosophy In several
colleges and knows chemistry. got 40
quainted with Prof Whipple in the labora- =
tory at Columbia. Prof. Whipple oon-
fded to Perrin that he had just worked
out formula for an insulating oil for use
in electrical apparatus and had the oil
In shape to put on the market.
Prof. Whipple told Perrin, the lawyer
said, that il he could find some one with
money to push the oil it would make
fortune for both OF them. Perrin, who
had been a member Of the Nstional Arts
Club for years and lived there. mon
toned the subject to the Smiths. who
also live at the club. and got them To
agree to push the invention II they do
oided after investigation that 1t was a.
good as It looked.
A contract which Lawyer Hawes at.
tached to his papers was then signed
by which 1t was agreed that Perrin was to
be president. have a salary OF 5000 o
year and get 200 shares OF stock; Prof
Whipple was to be consulting chemist
have 700 shares Of stock and get S3 1000
a year salary and e 900 for the formula
and the Smiths were to have 900 shares
OF stock and put in $4,000 in oash ~
fest as the company needed 1t. The com.
pany was TO DO capitalized 6: s!eo ,ees
and H. Bridgman Smith was TO DO treas
urer.
Lawyer Hawes said that in the month
the Smith brothers were looking the thing
over they decided that the invention
was good but that Perrin was getting
too much for his services as promoter.
They insisted that he relinquish the pros
pective presidency and take only fifty
shares Of stock. Perrin agreed to some
reduction. but wouldn't 60 that far.
and when his associates told him that
they would organize another company
and ignore the contract because only
one of the Smiths had signed 1t he brought
suit to compel them to live up to their
contract and asked for an order restrain
ing them from organizing another CON-
pany.
Perrin tried to serve the Smith brothers
with summons aud complaint for nearly
a month, and although he saw them oon-
stantly at the National Arts Club. where
they had put up Prof. Whipple for mem
bership, he couldn't land them outside.
Then he asked club official II there was
any rule Of the house prohibiting mem-
Der from serving court order on another
In the clubhouse. and the Official wanted
to know why he asked. Perrin said he
was merely asking hypothetical question
and wondered v it could be done. The
official said the question had not oome up
before. but that the bylaws were silent
on the subject.
Early one night Perrin took a guest to
the club with him. The guest had two
sets OF papers. one for Philip Smith and
one for H. Brideman Smith. He met
Fl. Bridgman on the steps and served him.
Later he thought he saw Philip taking the
elevator upstairs and ask ed II he had the
pleasure Of meeting Philip Smith. He
understood Philip to say he was mistaken
and walked away with the papers.
Perrin told the process serving guest
that the man was Philip and soon after
ward sent him into the dining room, wher,
he served Philip Smith at table.
Smith preferred charges against Perrin.
accusing him Of conduct unbecoming a
gentleman and brother clubman. At the
hearing before the board Of governors
Perrin declared that Smith made all the
trouble by denying his identity when he
could have been served without attracting
any attention. On these grounds the
charges were dismissed
Justice Blanchard reserved decision on
the motion to dismiss the complaint.