The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-06-27
Suit Brought Against
M. L. and w. p. Co.

-.
plaintiff out Of business. to the end
that the plaintiff would no longer come
In competition in said business with
said defendant corporation and that de-
PENDANT corporation might again enjoy
a substantial monopoly in said busi-
ness which 1t had enjoyed, as afore-
said. prior to the time when plaintiff
became It's competitor In said business
Plaintiff ayers that to this end, said
defendant corporation have, at various
times and places wi,hin twelve months
next before the bringing Of this suit,
done various acts being In part sub
stantiaily as follows:
Plaintiff AYERS that at the time wha
said unla wful design was so formed by
said defendants as aforesaid, 1t had es-
tablished a good credit and financial
standing in the commercial world. That
In pursuance Of said common design,
said defendant corporation through its
said co-defendapts. began to falsely
and maiiciously declare to various per-
sons In substance that plaintiff was in
solvent; that plaintiffs property would
shortly be In the hands OF a receiver;
that plaintiff was about to go out of
business; that plaintiff was in falling
condition, and that plaintiff was not.
and would not be. able to carry out Its
contracts win It's customers 10 furnisn
them electric current.
Plaintiff ayers that within twelve
months next before bringing of this
suit said defendant corporation wrote
anonymous letters to persons, who at
the time were creditors of the plain
till, falsely and maiiciously imputing
insolvency or financial embarrassment
to the plaintiff.
That on May 1, 1903. plaintiff for
the purpose Of obtaining money to en-
large its plant and business was nego-
tiating for the purpose of selling an
issue OF large amount. to wit. $780,
600, of its bonds and to this end. was
In negotiation with persons In Chicago.
whose business 1t was to place such
loans; that while the plaintiff was so
negotiating with said persons, the de-
PENDANT corporation wrote a letter, a
substantial copy Of which Is as fol-
lows:
Chattanooga, Tenn,
May 3. 1909.
Western Trust and Banking Company.
Chicago. Ill.
"Gentlemen:--
THE writer lie on to a scheme in
Montgomery, Ala, which ne thinks Is
one to fool your bank and some other
parties who are connected with you;
one where company has doctored some
h8 uSS sheS enes pAoPSSo " hAfS wv
bite on.
IF the information which I have and
am able to get. is worth 800 to you.
please telegraph me at once at adj
dress below. and / will call at your
place and interview any of your officers
on the 10th day of May, when will
be in Chicago on other business.
wire.
az. L. Johnson,
Reed House.
Chattanooga Tenn"
'That said letter was signed with
the name. j. L. Johnson and was ad-
dressed to the Western Trust and
Banking Company at Chicago; that
plaintiff was at said time in negotia-
Trust and Saving Bank at Chicago,
and AYERS that said letter was intend
ed for 1t. the said Western Trust and
Saving Bank. and plaintiff AYERS that
said letter referred to plaintiff and to
It's efforts to negotiate said issue OF
bonds. and was intended to be SO un-
derstood by the Western Trust and
and maliciously referred to, and I'm
puted to the plaintiff an intention to
deceive said bank and others by
the issue and sale of said bonds; that
said letter was sent by mail and was
received by said Western Trust and
1t to refer to plaintiff; that said letter
was written In pursuance of said COM
mon unlawful design; that the states
rnents made therein were false and
fraudulent so far as they relate to
plaintiff and resulted to the great dam
age Of the plaintiff, in the sum afors-
said.
'Piaintiff AYERS that at the time said
common design was so formed as
aforesaid, and since that time, plain
tin had contracts with numerous GUS
toners in said city of Montgomery to
furnish them with electric current for
a term OF years. some of said contracts
covering a term of Ave years. some
ten, and others still other terms OF
years And plaintiff AYERS that while
said contracts were In full force and
were being performed by the plaintiff
and complied with by said other con-
tracing parties, respectively, said de-
PENDANT corporation sought to induce
and have induced plumber of said
customers to violate their said respect
I've contracts with the plaintiff, and to
from plaintiff and to become customers
of said defendant corporation by pur-
chasing electric current from said de-
PENDANT corporation for the same pur-
poses for which said electric current
had been before that time. furnished to
them by the plaintiff.
"Piaintiff AYERS that heretofore. on
the first day OF December. 1908. a GER
tain corporation doing business In the
city of Cleveland, Ohio. and known as
the Tungstolier Company entered into
contract with a certain other corpor-
alton, known as the Southern Light
Improvement Company. doing business
In the city of Atlanta. Ca. whereby
said Tungstoller Company granted to
said Southern Light Improvement Com
pany, in consideration of certain pay
ments, the exclusive right to sell in
certain territory named In said con-
tract. including the County of Mont
gomery, Alabama, certain fixtures
known as Tungstolier fixtures, and
which were intended for use in cleo
trio lighting, and also granted to said
Southern Light Improvement Company
the exclusive right to sell to others in
said territory the sole right to pur-
chase and vend said fixtures in said
territory which included said County
of Montgomery.
.'Plaintiff AYERS that on December IS.
1898, and while said contract was in
full force between said Tungstolier
Company and Southern Light Improve
ment Company, said latter company
n.