The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1914-03-18
Entitled to Damages.

GHI4IIeu 10 Damages.
The Vermont court of ehaucerv mas
already directed that the damages suS
tanned by the Hooker, Corser & Mitch
ell company by reason OF the acts ef
Hooker, Corser aud Whitaker. acting
through the Mohawk Overall company.
be assessed. and the decision Of the
Erourt Of appeals removes the last Oh
,tacle in the way Of a complete investi-
cation of the books and papers nf tine
/ Mohawk company before "a New York
commissioner the purpose of assessing
these damages,
1t j. expected that Hooker. Corser y
! Mitchell company wiE ed5ateIr
start hearings before the commissioner
20 fully assess these damages. which
/ they place at many thousands of dol
lars. Clarke q. Fits and Robert q,
! Bacon Of this town are attorneys for
the Brattleboro COMPANY and Fl. q. &
/ +, Il. Barber also of this town. repre-
sent the Mohawk firm
/ The decision denies the petition of.
+ the Mohawk Overall company and
IJame~ +. Hooker 10 have set aside the
tsubPoeua requiring the Mohawk com
Ipanv to produce its books
The Legal Proceedings
The proceedings were started to, ar
application of the Hooker, ,oTser y
| Mitchell company to Justice Henry r.
| Kellogg OF the New York supreme
court for a subpoena requiring tho
| Mohawk Co and Hooker Whitaker
aud Corscr to produce all their books
aud papers relating In any way to any
dealings between tho four statesmen Of
the Mohawk Co who formerly were
employed h. the Hooker. Corser <
Mitchell and - l03 firms who were amt
are customers Of the Brattleboro con
ccrH. Justice Kellogg granted sub
lPoena ordering the production of these
books and papers before Il commission
er in city Of Schenectady. to be exam
ined and used in the taking OF the
dcpositions of Hooker, Whitaker and
Corscr before that commissioner. The
Mohawk company ana Hooker secured
la temporary stay aud contested the Is
suing of "A subpoena. before Justice
Kellogg at a specia! term IN Platts-
burg held Aug ~. 1912 Justice Kel-
Iogg denied the motion to vacate the
subpoena and from that decision the
Mohawk company and Hooker ap
rcaled te the appellate Division at N
bany.
To Court Of Last Resort.
The case was heard before the ap
Ii cllate division at the January term
1913. and at the March term that
T court handed down Il unanimous oPin
ion sustaining Justice Kellogg ; ordel
refusing to vacate the subpoena
IThereupon the Mohawk company anc
T Hooker appealed to the New lorl
court of appeals, the court of last re-
sort in that state The case was argue
= lat the February term, 1914. Of th'
! court Of appeals which yesterda,
! handed down its unanimous opinion, dc
!, Gliding the litigation in every poln
: against the Mohawk company an
2 Hooker and refusing to vacate tn
Z subpoena, but declaring il valid and j
T. full force.
Bv this decision the Hooker, Corse
: & Mitchell company can. BY the Us
). Of this subpoena, require the produe
tion of all the books and papers o
the Mohawk Overall company befor
= the commissioner in 80 far aS the
> contain any dealings whatever bt
Tween the 2.173 overall firms and tn
former statesmen of the Hooker, Corse
= & Mitchell company who are now i
= the employ Of the Mohawk company.
, /