The Barre daily times. (Barre, Vt.) 1897-1959, 1916-03-22
AN INTERESTING SUIT
In Which American News Vending Co.
and Others Are Defendants.

Burlington, March 22.-The considera'
tion of the suit Of Gardner B. Arnold of
Burlington vs.. +. Y. Somers, ct al, an
action in which the plaintiff seeks TO re-
cover $4,000 from the above.named de-
fendant and six others. including the
American News Vending company OF st.
Johnsbury, the Eureka News Vending
company OF Plattsburg, n, Y, and f. NJ.
Abbott, Charles Weeks. j. +. Alexander,
A. =. Iadd and DR., w. j. Aldrich, former
officials and directors OF the American
News Vending company OF st. Johnsbury,
for the alleged fraudulent sale of the
patent rights territory Of the state of
New York. in which the plaintiff wastto
sell the vending machines of the Ameri-
can News Vending company, was begun
at yesterday afternoons session of Chit
tenden county court. But one witness,
T.. Y. Somers. was called yesterday
afternoon and the ease will probably
continue during the entire week
In his opening statement TO the jury,
Mr.. Bullard said that he would show
that Mr.. Arnold on Oct, "a. 1914, met
j. Il. Alexander, a salesman for the
American News Vending company of st.
Johnsbury, a corporation manufacturing
machines for the vending of newspapers,
magazines, drinking cups, toilet paper,
etc, who was selling stock in this cor
poration and also the patent rights to-
certain territory, and that Mr.. Alexander
induced Mr.. Arnold to buy with him the
patent rights TO the state of New York
D nd In ~ k..t-
of tools from the American News Vend-
ing company with which to make their
each man agreeing to pay one
half of this amount, or $1,000 in all for
each one. The evidence would also show.
Mr. Billiard stated, that MIR. Arnold did
pay 81 900 TO the American News Vend
ing company as per agreement and was
ed TO believe that Mr.. Alexander paid a
similar amount. but that the latter paid |
nothing, and that through these frau6d |
ent representations Mr.. Arnold lost his |
,ntire investment Counsel for the de. ,
endant reserved their opening statement
+. Y. Somers OF Danville, formerly of /
It. Johnsbury, where he was president |
II the American News Vending company,
vas the first witness On He'd BY the plain.
ifs counsel. He testified to contract
the American News Vending
ompany and G. B. Arnold and j. +.
alexander, the terms Of which were sub
as stated above but claimed
hat Alexander arranged the terms of
'ayment. The terms OF the contract
allied for the payment Of $4,000 from
.rnold and Alexander to the American
<ews Vending company, in sums of
3 900, $4,000 and four OF 81 900 each for
he patent rights to the manufacture and
ale in the state Of New York of the
machines. The witness iden
fled seven checks of Mr. Arnold's in
ayment of his half OF this money, or
5000, and also identified the receipts
iyen for the total amount of the sum
ne, of which Mr.. Arnold paid one hall,
Though the witness admitted that Mr..
lexander had never paid single cent of
is share. The last receipt was signed
Y r. NJ Abbott, who was then the treas
rer OF the company. II
The witness admitted that he had new
revealed TO Arnold the fact that Alex
lder paid no money to the company.
ut insisted that he did not mislead him /
ID that the receipts issued for the total i
i'm of the indebtedness were not given h
'r the purpose of making Mr.. Arnold n
.lieye that Mr.. Alexander had paid his fl
ARE of the money to the company. o