In the District Court of the United States, for the Eastern District of Pennsylvania, the United States of America, petitioner, vs. Motion Picture Patents Company, et al., defendants (1913)

Record Details:

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Frederick A. Anthony, Direct Examination. 2071 Q. Did you borrow about up to the limit of your borrowing capacity? A. Yes, sir; we borrowed up to something like |300,000. And in 1003, along about June, one of the banks refused to discount our paper. Mr. Grosyenor: This was when? The Witness : In 1903. And we were then obliged to notify the banks that we would have to haye an extension, and the extension was granted, and it went along for a time, but at the end of six months we were obliged to take up five thousand dollars monthly on the old debt, and after doing so for three months we found that it was taxing us too heayily, and taking too much of our working capital, and that we were short in money, and I notified the banks that we could not continue under that arrangement. They then employed a firm of accountants to go oyer our books, and the accountants adyised that we be giyen financial assistance. Some of the banks, however, were not willing to do this, and they withdrew. The others that were willing to extend assistance bought the notes which these banks held at a discount, and the control of the company, the stock control, was deposited with the committee of the bankers who employed the accountants to watch our business, and all checks and notes that we issued had to be countersigned by these accountants. They insisted that we reduce our expenses to the lowest possible point, and one of them told me he would like for us to stop — ■ Mr. Grosyenor: I object to all this history on the further ground of its immateriality. It may be sad, but I do not see how it is relevant to any of the issues in this case, and relating to a period of time which is long anterior to the formation of the combination alleged to be unlawful. Mr. Caldwell: Its materiality ought to be very apparent to counsel for the petitioner when he considers that he is charging that the owners of the Latham patent were guilty of laches in not enforcing their rights under it during all of those years. Now you may proceed. The Witness : One of the bankers told me that he would like for us to stop all the litigations, that they didn't care to