The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1918-02-12
SEEKS RECOVERY
OF ABOUT $4,000
Hearing in u. IS. Court Here
Against Bellows Falls
Company
INVOLVES ROYALTIES
ON PULP PLASTER
Suit Brought in 1906 for Failure of Bel
lows Falls Concern to Garry Out Con-
tract-Question at Issue Now. Is
Amount Sold.

A session of the United States court,
Judge Harland B. Howe of st. Johns
bury presiding, was opened in the fed
eral building late yesterday afternoon,
and it was expected that it would con-
tinue the greater part of the week, but
as Judge Howe has received call to
come to New York only the case now
in progress will be tried at this time,
which will be concluded probably today
The ease now being heard is that of
Loose & Baird of Napoleon, Ohio,
against the Bellows Falls Pulp Plaster
company, CT Frank Hendee of Pittsford
and Albert T. 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 ease at the
| beginning except Attorney George A.
| Weston of Bellows Falls.
1t is an accounting ease to determine
the amount to be paid the plaintiff by
the defendant Oh 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
BILE The amount of damages claimed,
together with interest, amounts to some
$4,000.
In 1903 Pierce and Harris of Bel
lows Falls went to Ohio and bought
from Loose < Baird, owners of a Viii
liam Coale patent for the manufacture
of elastic pulp plaster in which wood
| af lni thp
rights for the state Of Vermont and foI
! Sullivan, Cheshire. Merrimaek and
Hillsboro counties in New Hampshire
for $4,000 and at the same time agreed
to Tav 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
pany and began to manufacture plaster
f in the fall of 1903. They paid royalties
to the orators until 1905, and refused
to pay longer on the ground that the,
were being interfered with by other
selling, in their territory. a plaster il
which they claimed wood fibre was an in
t gredient.
In 1906 Mr. Weston brought suit il
- Int w luuidul county court III Deudl
of Loose & Baird. In March, 1908. tn
plaintiffs being resident of Ohio
e brought bill i'll equity in the Unite
f States district court Of Vermont, whic
/ was tried before o. NJ Barber as mas
ter. Mr.. Barber found that betwee
the time the defendants stopped pay
S ing and the time the suit was brough
c the defendants had made over 1000
n tons of plaster containing wood fibre,
/ The case was continued from time (
/ time, and the hearing now is as t
a how many tons of plaster the Below
II Falls company has made and sold, coi
$ tanning wood pulp, from the time ii
suit was brought to the time the patel
A. expired in November, 1916. The d.
4 PENDANTS have furnished the plaintiff
e statement showing that the amour
e during that interval was about $500
s. tons.
Counsel for the plaintiffs are Alto
ney George A. Weston of Bellows Fal
and Attorney John G. Sargent of Lu,
low. For the defense the counsel a
w Attorney NJ. c. Webber Of Rutland al
Alexander Dunnett of St. Johnsbur
Attorney Warner A. Graham Of Be
I lows Falls is assisting the defense.