Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1912-08-09
DAMAGES SAID TO
REACH $3.50, 900
Master to Take More Testimony
in Overall Case
Chancellor Declined, Without Prejudice,
to Issue Injunction Against Mohawk
Overall Company.

to Issue Injunction Against Mohawk
Overall Company
Another inning in the so-called over
all case the controversy between the
Hooker, Corser & Mitchell company of
this town and the Mohawk overall
company Of Schenectady, N. Y, was
fought out in Brattleboro this week,
this time with a larger degree of sue
cess to the defendants than heretofore.
What the final determination of the case
will be, however, is as uncertain as ever
as the case In certain to go to the sus
preme court Of the state. Before that
time a large amount of testimony will
be taken bearing upon the question of
damages, so that the end of the contest
seems far off. The hearing this week
began Monday in C. C. Fittss office
before Chancellor Frank L. Fish and
occupied three days. Mr.. Fits and
r. c. Bacon appeared for the orator
company and II. G. & F. f.. Barber
for the defendants, w. B. c. Stickney
of Rutland assisting for the defendants
Wednesday. James F. Hooker and
w. II. Corser of the defendant company
were here Wednesday.
This case, which is a suit to recover
damages for alleged wrongs committed
against the orator company by Mr..
Hooker, Mr.. Corser and c.. d. Will
tdheI, HOW VI the MOndWK
Overall company, while they were
stockholders and directors of the Hook
err Corser & Mitchell company, was
heard several months ago by M. c. Web
Der of Rutland, special master appointed
to report the facts. His report was filed
recently and in general it was in favor
of the Brattleboro concern.
Monday was the date set for taking
up the report by the chancellor and
acting upon the facts found by the
master. The defendants filed demur-
rer to the orators bill of complaint
claiming that it was defective because
1t was multifarious, too many causes of
action being brought together in one
bill. Although this was argued by
counsel no ruling was made upon it by
the court
Mr.. Fits presented a petition for an
1nterlocutory injunction to restrain the
Mohawk Overall company from en-
ploying in or about their business, in
so far as it is similar to that of the
orator, certain employees and statesmen
found by the master to have been en-
ticed away from the orator; also from
using any trade lists or lists of customers,
taken from the orator as found by the
master, until final decree in the case is
made. The employees mentioned were
Joseph NJ. Donovan, Thomas F. Kelley
George w. MiXter F. L. Hallock, Oscar
J. Dion, A. E. Hobart Sherman Nc
Quaide, Adonis Dion and Mrs Sherman
McQuaide.
In his argument-Mr Fits made state
ments which indicated the amount of
damages which the orator would seek to
recover. He said that before the de-
PENDANTS undertook to GUST w. H. Proc
tor from the Brattleboro firm the bust
ness was paying dividends of from 40 to
90 per cent. The damage to the COM
pany through the acts of the defend
ants In shutting out Mr.. Proctor and
later establishing a competing factory
in Schenectady Mr.. Fits said were
considerably over 100000 and probably
$4,000. He said the damage the past
two years had been $4,000 a year and
he asserted that it would continue to be
large.
The court denied the petition for an
injunction. without prejudice to either
party This means that the court. in
view of the magnitude and importance
or the case, preferred to leave the
matter of granting an injunction to the
discretion of the supreme court. Coun-
sci for the orator asked that the court
order the defendants to file bond of
not less than 100000 conditioned to pay
any damage which might be found
against them, but this the court also
declined to do.
Attorney II. G. Barber asked the court
10 re-commit the masters report for
further findings, on the ground that the
master, although requested to do so.
mad failed to report certain undisputei
facts which the defendants considered
material THE master cannot rob the
defendants of their day in court" said
Mr.. Barber, by refusing to find the
facts Mr.. Barber said he should ask.
the court to compel the master to sub
NIT the evidence in the case, because
some of the findings are contrary to
Inc evidence" 1t finally was agreed
that the evidence, as we'll as the report
should be considered as being before
the court for the purpose of the hearing
list of 56 exceptions to the masters
report was filed by the defendants
counsel. They We're taken up one by
one and after % had been considered
all of which were overruled, Mr.. Bar
per stated that he would consent to
nave the entire list overruled If the
court would allow him an exception TO
'he courts ruling, which was done
II was finally decided to send the
report back to the master for the TAX
ing or testimony on the question of
damages and that will be done in due
time. AS bearing upon the question of
damages an affidavit by Mr.. Proctor was
MED. showing decline in the earnings
OF the Brattleboro company, the re-
celpts Tor the past three years being as
follows: In 1909, s53OS3.S7; in 1910 s35.-
lo5.6S; In 1911 S107O.62. The affidavit
says that the orator company did not
begin to feel seriously the competition
until after Jan. l. 1910 about which date
the Schenectady factory was started.
that by July l. 1910, the 'profits of
the business had pretty largely disap-
peared," and that 1.-THE company has
not been able to make any earnings
substantially since that time because of
the competition of the Mohawk Overall
company" Mr.. Proctor says in his
afndaVit: THE failure of the company
TO maintain its earnings since the Mo-
nawk Overall company plant commenced
operations is in my Judgment simply
because OF the competition of that com
pany and the use by that company of
the ioremen, statesmen and employees of
ms company and the trade lists of this
company"
Deafness Cannot be Cured