The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-12-19
Court OF Common Pleas.


Stuart ct al. rs. Sminson At al.--Motion to amend an
Of defendants. This action commenced last
February by J. J. Stuart Co.. dry goods merchants
in this city, sgainst SmiSon Hayes. The complaint
alleges that the plaintiffs many years ago devised
tain trade marks and used the Of tn
thread In the sale thereof and that by these marks
that the plaintiffs effected the Of their thread aud OBJ
tanned good price Therefore that Of said marks had
the words Hall Moodys patent thread, Barnsiey,n
thereon, and the other "Grant Wilson'S celebrated
tent thread, Berwick with certain other and
devices and the plaintiffs charge that the defendants
used marks similar those packages OF the thread
sold by them, and claim judgment tor injunction to
restrain the Defendants from the of said trade Marks
and for an accounting for tre proceeds Of what have
already been sold under said trade marks and damages
Defendants by their answer, among other things
deny that the plaintiffs the Inventors Of said
or owned by the plaintiffs and say they agents for
the firm Of \. N Hayes Co. thread manufacturers In
rlaDd that they received orders here from -chases
and consumers for threads and transmitted these to the
manufacturers to be Ged, ordering such marks 10 be
paced thereon a. the purchasers directed, the
custom OF the trace and that SAID thread came out
signed to the purchasers with these .rs thereon and
deny that they received any profits but only commits
sion the tae OF the thread and therefore say they
not liable and that the plaintiffs entitled TO
the relief demanded In the complaint. The defnda ats
aege, by their aidavis that they have lately received
inoi nation that the said marks false and aud
that ihe linen thread sold aud KEEP. for sale by tho
plaintiffs was not and not patent thread and that
plaintiffs thread manufactured by Hall Moody at
Barnsley, by CIR ant & Wi son. Der wick aud that
the Piahts well knew these fcs aud used sat m Arks
with intent to deceive and doraud and this m,tion
Is for order TO insert these allegl lions ia the
swer the ehectuay to put Ia issue the plain
tits title to the trade marks. Plaintiffs Admits
by afcavits IN reply, that snch FIRMS existed that
patent ob,,ined fer their said thread that the
same not manufactured at Barnsley Berwick and
that they concealed the or par who
hctured the thead and the place where it aud Il
Manufactured lest other merchants mt ht avail them.
selves Of the benefit 81 having thread IN nnfctured a.
the same place or By the msnaf aud that
the word Patent, use ssid ks did not mean
and was not intended 70 that patent had been
obtained for the thread but only that it go ar
Gle o. linen thread On these facts a. could
collect them, the motion argled at lcng ia.
The counsel Tor defendants 10 support of the )tion In
sisted that, by OF the marks being false and
true the Plaintiffs had acted audnlenty towards their
customers and the public during all the II ne they had
used said trade marks, and did not therefore acquire
any title to them by length OF tns use,
and could not have any redress against tho
defendants, even IL the defendants did this
marks; that the of the word s'fatentv on the
marks placed the thread sigpided that patent had
been obtained for the thread and that Il therefore
have been extraordinarily good quality Of thread nd
the aidavt- Of the plaintiffs could not be taken to
change the ea innate signacation Of the term "fatent
when u.s. as II had been 10 this In the sale Of
article Of northumberland that the United states statute
prohibited all persons from using the word 'atcnt
any article of merchandise for which n patent had not
been oh aimed under penaliy-aud tha therefore the
The counsel for the plaintiffs argued ins-ted that
the plaintiffs lad not committed, intended nit,
any fraud and that the c,rcealment Of
rers' and place Of residence and the u
the circumstances vas fraud and therefore ia the
allegations sought 70 be inserted the answer,
immateIia and that the amendment should not be al
lowed.
For paintns-Mr. A. r. Smith. For defendants-Mr.
II. Gillen.
The Judge took the papers aad his decision