New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-01-15
Superior Court -. MONDAY, Jan. Is.
Al Chn-,hnrc- Rnr,rn Indnn GnnaE.

4. W. GoG, charged with obtaining money
from Capt. Lingo, of schr. VIM. Clark, by false
pretenses, was brought up on Habeas Corpus, and
discharged it being shown that he obtained the
money pursuant to power OF attorney from Col
Inns who was a seaman on board.
General Ierna-The case Of Stacy Pitcher VS..
the Erie Rail Road Co. being motion for iniunc-
ton restraining the Company from proceeding in
the buildings being erected by them on square
leased to them by the City, foot of Duanest. on
the ground that the square had been publicly
thrown open but denied, already referred TO, was
Before Chief Justice Oakley
ChaunccV Jerome VS.. Morris l.. Samuel and Ed.
tCin Dunn.-The plaintiff by his counsel, alleges
that he resides in New Haven, has done so since
1914, and carries on the business of making aud
selling clOcks-that he had for many years before
that time been engaged in the same business, and
expended large sums in perfectng machine
~, &c and obtained by his skill and diligence a
high reputation in the manufacture Of clocks
among the dealers in the United States and Great
Britain, and his clocks commanded ready sale
and at good profits until the acts of the defendant
herein alluded TO.
Plaintiff also says that during eight years and
upward, he has made and sold brass wheel clock
called the "Ogee' pattern, so called from its
ornamental mOuldiDgs, which acquired q high
reputation, and plaintiff manufactured not less
than $4,000 or 10000 annually, and sold them at
good profit, &c.-that in each of said clocks, and
some others maze ana sOl0 by MIN, ne caused 10
be affixed card. with his name, residence and
occupation, and sometimes with representation
or picture Of his clock mandatory at New
Haven, which said card he used as trade mark.
Plaintiff further alleges, that as he is informed
and believes, defendants are In business In New
York, under the firm of Samuel L. Samuel x Co.
and that they have been for some time engaged
in selling watches, and also large dealers in clocks
and have been informed and believe that they
have sold a large number of clocks, chiefly Of the
"Ogee" pattern, or similar thereto In which there
was a card affxing Chauncey Jerome, as maker
and having the picture of his factory at New Ha
ven, and so nearly Identical that the public might
believe it was the card fplsinti-that said clocks
sold by said defendants were not of the manufac
ture Of plaintiff but calculated to impose upon the
public and greatly injure the plaintiff &c,
He further alleges that he has reason to believe
that said defendants have sold as many as 5000
clocks, so marked, the last year, and that large
part ofthem was shipped by defendants to Great
Britain. and that they are now engaged in making
and selling clocks SO labeled, and that they were
for the most part inferior to those made by plaintiff
Plaintiff further alleges that he was the first
who sent said clocks in quantities to England
where they had been highly approved, and he has
been deprived of the sale Of his clocks to the ex
tent spoken Of by defendants, who have sent many
thousands to England, SO marked as referred to-
Plaintiff claims to have sustained damage in con.
sequence TO an amount not less than $4,000 he
ssks that defendants may be restrained by injunc-
tion from using the name of plaintiff or the said
trade mark and account for the profits Thichthey
have thus deprived him o.
Messrs S. and D. by their counsel, admit tiat
they are gagged in the business OF ling watches,
but DENY tat they are now OF have been engaged
ia the business Of selling clocks, and deny that
they used bis card or trade mark
Defendants further say that they have for 10
months past received directions from Sylvester
Samuel Of Liverpool to send him a certain nan
Der Of brass clocks, and that the said Sylvester
Samuel directed n certain label to be put on ie "
Of said cocks which is the label complained o.
and which is not calculated to deceive or mlsead'
&c and that with view 10 fulfill the orders OF the
said Sylvester Samuel, beypurchased clocks from
different individuals some from plaintiff hlmseh
or his agents Testimony was taken.
Before yudgs Sanford.
The divorce case Of Ferguson vs.. Ferguson a.
ready referred to- is still on.
Before ges Duer, Mason and CamP0eA
General TeTm-D session. - Geo. U. D0m'-
nick, admir-. DC VS. John Michael and others
Suit to compel purchasers Of property corner
Grand and Chryste SITS. to perfect their Purchase'
The Court held that the administrator oil an exc
cutor, with the viii annexed, cannot exercise as
erection any power given 10 the executor IN the
will 10 sell property, and that Ia this case AIRS.
Sayre, one of the heirs at law vas incompetent
10y reason Of the terms OF her marr.A5e trust oy
which reservation was made In favor OF ner
children, without any power IN the trust 10 re-