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An Important Injunction Suit

An Important Injunction Suit image
Parent Issue
Public Domain
OCR Text

On Monday last 110 little exoitement vm oreated in our city by Ilio ;umouncemoi't tha) B. A. Beu, of thu Courier printing stablishment had proceeded by injunctiou to stop the uln'rlsol the "Aim Arbor I'rmting aud Publibliing Company," and on inquii y we fuund tliat Bherifi Ilkjiixu, by order of Jiue Cn.isi; gran tiiig the injuuction, had serredtheni oéwar] pipera aud that quite a hornets' nest liad been stirred up. As the matter is one causing a vast ï talk m business cintos and on ourstreets, and really one of no inoonaiderable public iu. terest, wc have taken paim to examina the petition of tlifi complainont on which the injunetioii ssued, ami j;ive the foUowing abstract: The bill of coiaplaint sets up and avcrs : that iu tho ïnouth oL August, 1869, Eice A. Beal purchaaed of Alvan W. Ciiase (both thon and now rcsidenta of Anu Arbor), for the bum of 165,000, tho establishment then knovra iu this city and throughout the State as " Dr. Chase'a Si: im Printing House," building, preñes, engine, type, fornitura of all kinds, bindus' tools, with the good wül of Baid " Printing House " and of the " l'enmsiilar Courier and Family l'im'luHt," etc, together with the copyright of "Dr. Chase's Kecipes and Information for Everybody," and ihe copyrights of two otlifr books naraed in such bill ; that the iiidueemeut to nniko such purchasu was that thü business bought Was uot a local one, but extended tliiuiihout, the State and into other Stiitos; that the Keeipe Book aforesaid had been largvlv 6old (nearly 400,000 copies), was very popular, ujid laige salee might be still made, aspeoially m the Southern States ; that Dr. Chase was to yive liis counsel, aid and assistanec in working nji and promoting sueh further sales ; that the purchaser miglit continue the business, using X)r. Chase's name, receiving all letters from the postoffice aildressed to Dr. Chase and not giving tho her of his private box in such address, with authority to use the name of Dr. Chaso in indorsing and collecHng, receiving pay on and receipting, drafts or postal money orders, and tliat instructions to the po.stnia.ster were given in accordance with this agreement; and further that Dr. Chase agreed, by contract in writiug, not to engaga directly or indireotlv in the printing or publishing business in the State of Michigan while tlio said Bsal continued in business. The bill of cc-iitjiliiiiit further rhnrges that in violation of eaid agreement or contract Dr. Chase did some months since procure the organization of a stock company known as " The Aun Arlior Printing and Publishing Company," of the stock of which he is the owuer of one-hiilf, tlius seeking to avoid liis individual liahility on the contract that said Chase is the only member of the Corporation having any knowJedge cf or experience in conducting and oarrying on the printing or pubüshing business ; that tho othcr stockholders are one and nll engaged in otlier business, the said Chase being solu nutnager of tlie Imsiness as President and Superintendent ; and that the said stockholders, Jas. C. Watson, Henry S. Dean, Sedgwick Dean, Zina P. King, and Henry Krausc, had been informed and knew of the contract existing between said Bcal and Chase, at and Iiefore the time of thu organization of said company. The bill f urther charges that "The Ann Arbor Printmg and Pubhshing Company " has published and put upon sale a new book by Dr. Chase, which they dvertiee as "Tliu New Book," "A more complete edition," etc, and with which they design and are endeavoring to supplant the " old book " and drive the same from inarket ; that said company or Dr. Chase, Snpt., claims and receives from the postofiiee letters addressed to Dr. Chase, and not ha ving the number of his box, and which letters belong to tlio said Beal ; that letters are opened by Dr. Chase, the inclosures uppropriated, the orders filled, and circulara of " The X e w Book " forwarded to the writers, - this bcing done in violation of contract rights and to the injury of Beal. Also that the publieation of the Regi, , by snid corapany and the doing of a general job printmg business is in violation of contract with said Chase and to the detriment and injuiv of Beal. In consideration of which au injunction was prayed, restraining the defendanta from imliüshing or selling " The Nev Book " direetly or iiidirectly, by riseiits or serva nt-s, the doing of ftny job printing, the i'urther publieation of the ■, or tik taking of any letters from the p toffi ■ tuidressed to Dr. A. W. Chase, bui not giving the number of hia private box. The injunction granted and issued covers all the ground asKea, except tliat the.publication of the liegistet i pormitted nntil tlic " legal advertiseinents " n iw 11 Uien) in the said paper are completed, uo new advertisemeuts to be taken or ijoserted. Sevoral letters - original and copiea - are uttoclied to the bill as Exhibits and made a part of the same, which may be abstructed as iclloivs: "A" and "D" are circnlars dpscriptivo of the ütt book, giving terms, &:.; the latter being indoraed in writing showing copy of nld book sent by mail, and saying " v.-e do not publibh it aere." " Q " pui-ports to be a copy of a letter froni Herschei K. Haynes, Macedón, N. Y., and says " I want to sell Dr. Chaael Recipes and Information for Evory body" (the old book). SI .25 inclosed lor a copy. " B " is an original letter, signed "A. W. Chase, Supt." Senda the book ordered, but says he sold out copyright nearly iour years ago. Also incloscs a circular advertisiug new book, gives prices and oü'ers territorv, "H" is copy of a letter from J. D. Bréese, Polmyra, N. Y. Is au old book agent, aud writës, " I often run across one of your Eeceipt books, and have a great many calla for thfin." asks lor circular and terms ana tlnnks he can sell 1000 a year. "D" is au original letter Mgned "A. W. Chase, Supt." Ha3 eold his old book and got out a new one, "and as bookstore men never want to buy an old book after a uew o:ie is out, you inay feel the same way, at leaft the puople here do." Seuds circular, &c. " I " is a copy of a letter from S. B. Blackman, Lodi, 111. Incloses jiostal order for SI. '25, nul ordei's a copy of " Dr. Chase's Reets or Information for Everybody " (the old book), and wants priees, agency, ifcc. "E" is reply of "A. W. Chase, Supt., per F." - original. " The Dr. sold out hin establishment and first Rece pi Book somo 4 years ago, and is now President of tliis company (printed letter head of A. A. P. & P. Co.) and publishes a book much larger than the old." Sends copy of the old book with descriptive circular of the nexo one. " F " is an original letter from "A. W. Chase, Supt., per F.," to J. H. Moore, Charlton, Mass. Acknowledges receipt of SI. 25 for "copy of Dr. Ohafte'a Recipes and Information for Everybody," sends same by mail, and adds: " ïhe Dr. sold this book copyright and his publishing house eome four years ago, and is not publishing it himself, but is eugaged in publishing a second Receipt Book, much lai'ger and more complete. See circular." The bill is endorsed E. D. Kinne, Solicitor ; & Geant of Counsel. - We have only aimed to give a fair and unprejudiced abstract of the bill, and do not design any comments upon its merits. In fact, an expression of opinión or discussion would not be proper pending a hearing, which we Buppose will soon bc had, or as soon as an answur can le put in and the requisito notíce given of a motion to dissolve. And wben the answef sha 11 be tiled we will giVe our readers as full a statement of its points and claims. Public opinión is considerably divided, and one has only to stand on the street corners to hear the roost Iearned expositions of the law, coupled with nll sorts of predictions as to the result. For ourself we will wait the decisión of Judge Chañe, conftdent that lie will aim to do justice between the parties, despito the reflections and censure freely bestowed upon him in I certain quarters. ttHmf We clip the following paragraph from a recent number of the Flint Globe : Prof. Truesdel attended last week, the joint meeting of the Ohio and Michigan State Teachers' Associotion, at Put-in-Bay. He repoits a most pleatant and profitablc sessiou and says that President Angell's addref,3 was tí.e ñriBst oratiun he has ever delivered since he carne into Michigan, which, of course, is faaying a great deal. The "Buckeyes" listened with oeii mouthed wonder, to his eloquent and eh.gant, periode, and cheere'l him to the echo. They had 'K' ïrlfa tbat ,Mnhi:;)n powtessed so vare aman, m Iht ijerson ot tho l'rcidt;ut of the University.


Old News
Michigan Argus