Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1918-02-15
SEEKS RECOVERY
OF ABOUT $4,000
Hearing in U. S. Court Against
Bellows Falls Company
Involves Royalties on Pulp Plaster
Suit Brought in 1905 for Failure to
Garry Out Contract.

A session Of the United States court,
Judge Harland B. Howe Of st. Johns
bury presiding, was opened in the fed
eral building late Monday afternoon,
and it was expected that it would con
tinue the greater part of the week, but
as Judge Howe received q call to come
to New York only that case was tried,
which was finished Tuesday
The hearing was in the action of
Loose g. Baird of Napoleon, Ohio,
against the Bellows Falls Pulp Plaster
company, G.. Frank Hendee of Pittsford
and Albert E. Pierce and Charles +. Har-
ris of New York Both Mr.. Baird and
Mr., Pierce have died since the case
was begun, as have all the lawyers who
were connected with the case at the
beginning except Attorney George A.
Weston Of Bellows Falls.
1t is an accounting case to determine
the amount to be paid the plaintiff by
the defendant on royalties on the man
ufacture and sale of pulp plaster. The
| case has been in the court since 1906
and the defendant has been found liza
bic. The amount of damages claimed,
together with interest, amounts to some
$685. 900.
In 1903 Pierce and Harris of Bel
lows Falls went to Ohio and bought
from Loose e. Baird, owners of a Will
| liam Coale patent for the manufacture
of elastic pulp plaster in which wood
| fibre was used in place of hair, the
| rights for the state of Vermont and for
| Sullivan, Cheshire, Morrimack and
| liillshoro counties in New Hampshire
| for $4,000 and at the same time agreed
to pay Loose & Baird 30 cents for ev-
cry ton of plaster made by the defend
| ants in which wood pulp or wood fibre
was used.
Hendee, Pierce and Harris formed
the Bellows Falls Pulp Plaster com
panv and began to manufacture plaster
in the fall of 1903. They paid royalties
to the orators until 1905, and refused
to pay longer on the ground that they
were being interfered with by others
selling, in their territory, a plaster in
which they claimed wood fibre was an in.
gredient.
In 1906 Mr.. Weston brought suit in
the Windham county court in behalf
| of Loose & Baird In March, 1908, the
plaintiffs being resident of Ohio
brought a bill in equity in the United
States district court of Vermont, which
was tried before o. NJ. Barber as mas
ter. Mr.. Barber found that between
the time the defendants stopped pay.
ing aud the time the suit was brought
the defendants had made over 10000
tons of plaster containing wood fibre
The case was continued from time &c
time, and the hearing was as to
how many tons of plaster the Bellows
Falls company has made and sold, con.
tanning wood pulp, from the time the
suit was brought to the time the patent
expired in November, 1916. The de
PENDANTS have furnished the plaintiffs
statement showing that the amount
during that interval was about $4,000
| tons.
Counsel for the plaintiffs are Attor
ney George A. Weston of Bellows Falls
and Attorney John G.. Sargent of Lud
low. For the defense the counsel are
Attorney NJ. c. Weber of Rutland anC
Alexander Dunnett of st. Johnsbury
| Attorney Warner A. Graham of Bel
lows Falls is assisting the defense.
The session closed Tuesday evening
as ii was necessary for Judge Har
land h. Howe to go next day to New
York. One of the cases postponed was
that of o. B. Hughes, trustee Of tn,
bankrupt Vermont Last Block Co. OF
Bratteboro against the Brunswic k
Balkc-Collendcr Co. of New York
which is an action to have the mort
cages which the Last Block Co. gay,
the defendant declared void on the
ground that they worked preference,
over other creditors 1t is claimed thai
there is due the defendant $27 900 t
$4,000 aud that the property covered
hy III" mortgages is worth about $40,
900 llarrie b. Chase appeared for the
trustee and Attorney +. L. Barber fol-
the defendant.