The Express.
London, England, 1862-12-01 00:00:00

LAW INTELLIGENCE.
(THIS DAY.)

COURT OF COMMON PLEAS.
Salop at Nisi Prism in Middlesex.—(Before Lent tlict
Justice Erle and a Comeau Jury.)
MIMI V. HOLLOWAY.—" HOLLOWAY'S UINTHY-NI."
This was au action to recover 500 i. for procuring . p.,ket
for the sale of " Holloway's ointment" in Bruce anti l,
French colonies, aid the defendant pleaded that he hal met
made the promise to pay, and that the patent had nut teen
ref:Seised.
' Mr. Braudt appeared ,or the plaintiff ; .and Nr.llesill 0
' and Mr. C. Pollock for the defendant.
The enamel for the plaintiff said that his alieut w:...
Swedish physician, and whilst in England in the° he ma
introduced to Mr. Holloway, who said that he would give
25,000 franca if he could Obtain permission to sell his pills
and ointment its France and the French colosecw. Ile ou.
bodied this in a letter of the 7th of Noveinhan, 180th, ...,,
added, " The permission must he formal and mutt eiLIAL,,t,
from the minister upon the report of the medical council ,1
Paris," Ile added that 215,000 franca was all be would give it,
ow el seiccess—uothiog In case of failure. Thereupon Ur.
Bitten went off to Path, and saw several persons and sum.:
them M. Robert de Itheballe, physician to the Eimaroi,
whom be thus alluded to in one of his letters ;—" Ibis
pd gentlemen is almost ' aim hty, and never fails
given promise." It a that in France a good
deal of restriction was p upou the sale of what wee.
celled "secret remedies ;" sort as it was feared that there
might be difficulty in the case el the pills, the defendant
wrote, "1 am of opinion that you iiiimdd say nothing ...,out
the pills in the first instance, bat tither let all your endea-
vours be concentrated on the ointment. You may state
that it is wonderfully efficacious in the cure of old wooed.
and With. The pills are a grand preserver of health, and act
dlrectly upon the liver and the blood." It was also
'arranged that the plaintiff should have 5001. if the patent
were obtained for the ointment only. The plaintiff, in with
to facilitate his operations, asked of what the ointment was
composed, hut the defendant replied that it was quite km
possible that he could furnish him with ingredients of which
the ointment was composed. but added that be did not ote
'The
to amalyeis, and hempelossd two bound the ointment.
'The plaintiff took one boils a chemist, who upon analysing it • .
found tbsoompoueut parts to lie butter, lard, white ass, tal-
low wax, and Bordeaux turpentine. (Laughter.) The mid of
the matter was that the plaintiff obtained a regular brevet
or patent permitting the sale of the ointment, and though
it wu in his own name he was perfectly willing to transfer
the right to the defendant.
The plaintiff was called, and detailed the correspooslence
(most of which IMO with the defendant's brother Hem)),
and added that when be left the analysis with the council
they laughed, but said thaeit would do if a patent tuned,
as the ingredients oould do neither harm nor good. The
I patent, however, won not granted until a long while after
this. It was produced •in court, it was giguesl for the
minister by the director of internal oomme.-ce, and the
article to be sold was described in it as " Yommade lit
•
Hollowa"
y.
•• A good dad of dismission took place betweea the learned
counsel, and ROlllO evidence was also given upon the question
whether the word " poneada" motet ointment, or *Leith
if the permission to vend ointment had been given, the
French word "onguent" would not have been used.
In cross-examination the witness said that he was stile
that butter, lard, turpentine, and wax would nut cure wounds;
slid be did not think that they wound make • denude
fit for the hair. The turpentine would not suit the hair.
,He also said that he was present at the analysis, mid he be-
lieved that there wuuothing of importance in the ointment
besides the things which had been named. The director of
the Chancery had told him that there was no chants of get.
the; the patent, and witness left Puns in February. loot ;
but his agent got the patent after a good deal of delay. Be
did not, however, know where to write to witness, and the
so communication was made to the defendant until the Ugh •
August, 1e62.
Re-examined—He bad sever beard until now the objet.
Mon that the patent was for pomade, end not ointment.
A French timer explained the law of France upon the
matter, and said that the patent would give the exchnive
right to sell pounds made according to the analysis, and
there Wellebe other means of ragtag each • right.
Ciothexamined —lf anybody had gone with the analysis,
' there would have been no difficulty in getting the patent.
The hearing of the case had proceeded so fez on Friday '
last ; and this morning some &maim took place between
the bench and the her, which ended in it being agreed that
I the questions between the parties tamed upon matters of
law aad should be reserve', for the full court.
He. Holloway, however • was called, acid he slated Used ;
three of the things weather, in the analysis which had -
been referred to were not used i the ointment, and there
were in it several things not =Wooed in the analysis.
Cram-examined—The castanet which was sent to the
I plaintiff was the tame ointment, and imitative& all the
things which constituted the secret of its nuinufacturm
The component parts of his ointment were all vegetable,
and it would he a very difficult thing to analyse It, though
it could be does perhaps.
Re-examined—The pablicatios of his secret would of
cane destroy the vales of hie property;
A verdict was then taken for the plaintiff, subjoin to leave
reserved to the defendant to move the fell court.
' His lordship said he mast not be understood se laving
expremed any opinion one way or the other.
•