The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-06-27

fendant corporation OF other persons
by requiring them to make larger de-
other customers. similarly situated and
who had not become customers Of
plaintiff; that said unjust requirements
were made for the sole reason that
said persons had contracted or were
about to contract to purchase electric
ity from the plaintiff.
Plaintiff AYERS that by reason OF
| said several wrongs and injuries. IL has
sustained great damage. to wit in the
| sum of t10o, 900: hence II sues
Plaintiff claims Of the defendant
| the further sum OF 100000 as dam
ages for this: That plaintiff has for
several years. TO wit, Ave years next
before the bringing Of this suit. been
engaged in the manufacturing and
selling to customers in Montgomery,
electric current for light. heat and
| power That prior to plaintiffs so
lsengaging in said business. the Mont
'gomery Light and Water Power Com
pany was engaged In the same busi-
ness In said city. and was enjoying
substantially monopoly OF said bust
ness; that plaintiff became. and was,
competitor IN said business with the
defendant corporation. and said de-
PENDANTS, In order to prevent said COM
petition. conspired. twelve months
| next before this suit was brought. to
| destroy PLAINTIFFS business. That
within said twelve months and In pur-
suance Of said conspiracy the defend
ants have endeavored in various ways
and by various means to destroy plain
tins said business, to wit the defend-
ants have endeavored to prevent GUS
tomens of plaintiff from dealing fur
Their with the plaintiff by falsely and
fraudulently representing to them that
plaintiff would not be able to continue
it's business. but would have to sell out
or be closed up through receiver In
the courts. That in further pursu-
ance of such combination. and by
means of fraud and deceit. the defends
ants have persuaded various custom
ers of plaintiff to break subsisting con-
tracts with plaintiff. whereby plaintiff
was to furnish them with electric pow
err for a term of years which had then
expired The defendants, by false,
fraudulent and deceitful representa-
lions have assailed the credit of plain
tiff by alleging that 1t was insoivent
or in failing circumstances. and have
thereby attempted to prevent persons
with whom II had dealt from selling
| to the plaintiff goods, wares and mer-
chandises and supplies needed In the
business of plaintiff. That defendants
| have further attempted by false fraud
| lent and deceitful representations of
| plaintiffs financial condition to prevent
negotiation of large number OF
bonds, to wit, 100000 worth Of bonds
which plaintiff was attempting to ne
gotiate and SELL and which were to
| be secured by a mortgage upon plain
| tiff's properties. That said defendants
also threatened, and in some instances
has actually refused longer to furnish
| gas to persons to whom 1t was fur
nishinK the same. solely because such
| persons had become, or were about to
| become customers of the plaintiff in the
| purchase OF electric current. That by
reason OF said unlawful acts. piaintin
has been injured In its business In
large additional sum, to wit, $4,000.
hence 1t sues.
"Plaintif claims of the defendants
the further sum Of 100000 as damages
for this: And plaintiff here adopts as
| Is here again fully set forth. all the
averments OF the first count OF this
complaint down to and including the
! avermentss: Plaintiff AYERS that to
this end said defendant corporation
falsely and maliciously declared 10
various persons In substance that plain
| TIFF was insoIyent; that plaintiffs prop
| erty would shortly be In the hands OF
| the receiver; that plaintiff was about
| to 20 out of business; that plalntin
was in a failing condition; and that
plaintin was not and would not be
| able to carry out It's contracts with
| it's customers TO furnish them electric
current That plaintiff was thereby
/ injured in its credit and financial stand
ing ana suffered special damage In
that II was compelled in order TO coun-
! teract as far as possible said false
4 and malicious statements. TO employ
1 persons 10 visit its creditors and to
\ explain to them its real financial con-
dition, wherefore II sues.
"Plaintiff claims OF the defendants
the further sum of 100000 Tor this;
And plaintiff here adopts all the aver
ments of the first count down to and
including the statement that said de-
PENDANT corporation wrote to the plain
tins creditors, anonymous Letters
which falsely and maliciously tmpute
insolvency or financial embarrassment
to the plaintiff That amongst said
letters was one purporting to be writ
ten at Chattanooga, Tenn. on May l,
| 1903, addressed to Roebling G. Sonss,
who were at said date creditors to
plaintiff. but whose claim was not due.
which said letter was in substance as
| follows to wit:
.Chattanooga. Tenn, May 1, 1903.
| 'sMessrs Roebling g. Sons. Chicago; ILL.,.
wire Dealers:
| aAn the Q. II.
Dear Sfrs--One OF your accounts IN
Montgomery, Ala, Is In such a shape
that IL you don't hurry you will get
stuck. / got mine the other day only
by fighting for II, anu accidentally
found out you were the holder of one
of their worthless notes.
''One of Your Friends"
plaintiff AYERS that said letter was
written, or caused to be written by
one OF said defendants to wit. said
George Williams; that the same was
written of and concerning the plaintiff
and was intended to be- and was writ
ten of and concerning the plaintiff and
was intended to be and was So under
stood. That the statements therein
contained were false and were In pur-
suance of said unlawful common de-
sign, to the damage OF plaintiff In the
sum aforesaid.
Plaintiff claims of the defendants
the further sum OF 100000 as damages
for this: And plaintiff here adopts as
IL here again fully set forth, all the
averments OF said hrst count Of this
complaint down to and including the
urarda shava ~ yaPiona fimAa and