New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-11-05
THE COURTS.
TIE CIVIL COURTS.

The Uzited States Courts and United starts
Commissioners oce are to ee open Ter 1He .nnrned
of business to-day; but the state Courts nave
Tn be TIpitcd states Circuit Court before Judge Bene
dict yesterday, the case OF the United state ae rec
b. Freeman, internal Revenue inspector, W sS
sumed II was charged tbet Mr. Freeman had eN.oI,e
money from MI Henry Bndelman OF ltare: ~ ~ o1
were unable TO agree and the defendantWas heu IL s''
for q new trial. ,,..... r,o,,r,,s
soner Osborne yesterday, and required 10 ans".I @
having in his possession check draft for Lieu Rh0M
to have been stolen from me e arcaS Exchanee
National Bank OF tsis city by M the eSse cannot be
learned until the dayof tile examination While deputy
Marshal David Dwyer, who had deiehdnnt IN c t Ky
was waiting in the United States MaTsals ONCE 9r o
remand for defendants custody IN L1dlowst Ja, sne
defendant started out OF the ciiee ana ran How
bersst toward Centrest The deputy VINO mlnedltelS
missed his prisoner started In hot pursuit anu uo tIo
CRY was raised which caused muitltude 10 JUN "a ,
chase which ended in the defendant peng s mCd
as he about darling up Centrecst nc w h hand
ately returned to the MarshaPs ONCE, ana lhelo nam"
partitions in bankrupcy were filed and referred yester
dav as follows Petition of Michael Goldsmith referred
~ Etcb Of Pbiander w. stebbins, referred 10
Register Dayton, and of Edwin o. GOODWIN leicIIeu "
In the snpreIne Court General Term. before Judges
Leonard sutherland, and Cerke, yesterday III tlo cSSe
of Amasa b. Howe against the Howe Machine oohp A.
melton was made for Injunction 10 RESTRAIN lhe Ge
PENDANTS from the Of the plaiti trade narks.
plaintiff has been the manufacturer OF the HOVE
Machine he claims more than ten years ana ne Sals
as his trade mark the words Howe New 49,
Inv which IL has been advertised lie was the eA-
elusive manufacturer until 1862 when Eas hove, ~,
lately deceased established large mandatory LOT o
manufacture of similar machines at bridgeport ana naS
for several wears past adopted the trade marx cueG
nv fine planti!F. The defendants insist that HOWE
being the surname of BOTH Elias Howe Jr assignee to
defendant has an equal right with the pahtH 70 use IT.
To this claim the plaintiff replies that whoever ns1
auv surname rs trademark has right 10 use IL 10 me
exclusion OF all other persons though they may nave inc
same surname and he cites several Engsh authorities 20
sustain This theory The defendants also insist tat III
1862 the plaintiff assigned his business 10 Eas howe
ir which assignment carried the trademark ana inc
assignment by Elias Howe ir TO the defendants author
ICES them 10 Use To this the plaut replies that inc
contract Of 1862 contract under Wlch Ems MOVE
ir undertook 10 manufacture Howe machines eAciu
svey for plaintiff and as his agent ana tht as such
agent he could appropriate 10 s own exclusive use
the plaintiffs trademark, and also that this contract OF
1862 was rescinded by mutual consent anc Whatever
effect II may have this decision places the parties IN
their orr nal position 10 the trademark, leaving tc
exclusive right the plaintiff The defendant also III
sss that Elias Howe h being the patentec, the painiH
had no right to the word :" Howe against TIE
paentee. To this the plaintiff replies that INC right 10
the exclusive use Of the trademark is gwen by the com
mon law and that the statutory rights conferred by the
patent law do not include trademark, but the question
OF the trademark must he decided though no patent
ever existed and also that the patent has expired ana
no rights be claimed by tine defendant by virtue OF
that patent The defendants also insist that the granting
of This Injunction will diminish the value OF their properly
90 per cent and Injunction therefore, should not DE
granted at this stage the Tie plaintiffs reply Is
that the leading of the being undputed, and
no rational doubt existing every material to the
Injunction at this stage of the The Court took the
ana nude al Y