131 F. 812 (N.D.Ga. 1904), 1,782, Mower-Hobart Co. v. R.G. Dun & Co.

Docket Nº:1,782.
Citation:131 F. 812
Party Name:MOWER-HOBART CO. v. R. G. DUN & CO.
Case Date:May 23, 1904
Court:United States Courts of Appeals, Court of Appeals for the Eleventh Circuit
 
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Page 812

131 F. 812 (N.D.Ga. 1904)

MOWER-HOBART CO.

v.

R. G. DUN & CO.

No. 1,782.

United States Circuit Court, N.D. Georgia.

May 23, 1904

Hoke Smith and H. C. Peeples, for plaintiff.

Walter R. Brown and Ellis, Wimbish & Ellis, for defendant.

NEWMAN, District Judge.

This suit is brought by the Mower-Hobart Company, a corporation doing business in Atlanta, in this district, against R. G. Dun & Co., a mercantile agency. The declaration alleges that R. G. Dun & Co. conduct what is known as a mercantile agency, with offices located at various points throughout the United States, and with an office at Atlanta, Ga., in said county of Fulton; that part of the business conducted by said R. G. Dun & Co. is to distribute for a consideration, to merchants, dealers, and others, information regarding the standing of persons engaged in trade, their financial worth, credit, character, trustworthiness, and the conduct and condition of their business; that such information is secured and given out by representatives stationed at commercial centers, who secure the same, and distribute it directly or through agents of said firm to its patrons in the form of written or printed slips called 'reports'; that said partnership is known as Dun's Commercial Agency, it numbers among its patrons a large proportion of the leading wholesale mercantile establishments of America, and its reports are accepted, and largely influential, and to a great degree regulate and control, commercial transactions in the United States, especially as regards the financial credit and responsibility of merchants. It is then alleged that on or about July 11, 1902, the defendant gave out to its subscribers a written report upon plaintiff, as follows:

'Mower-Hobart Co. Office supplies etc. Atlanta, Ga., Fulton.

No. 1 Broad St.

'July 11, 1902.

'At present this company is located at 71 Peachtree St. That place has been leased and they have rented store house at above address, where they intend moving August 1st.

'When requested for statement Mower claimed that they had not inventoried since statement rendered during March to which he referred. Stated verbally that there had been practically no change, and affairs were in about the same shape as indicated in their last showing.

'The statement referred to was submitted under date of March 24th last, and showed total assets of...

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