The Portland daily press., 1875-11-10
Superior Court.

NOVEMBER CIVIL TERN. 1s75-sYMoNDs, j., PRE-
SIDING.
TUEsDAY.-Frank E. Jordan VS.. Nathan Wood &,
Son. AS umpslt upon an account annexed to re-
cover the sum Of three hundred and thirty-three
dollars for wages and expenses incurred in the en-
ploy OF the defendants from MAY LIST to August Sth
1874.
Plaintiff testified that since September, 1878, he
had been in the employ of the defendants as travel
ing salesman and clerk; that April %, 1874, he was
taken from the route and sent by the Woods to Bos
ton in connection with one d. W. Scribner to keep
the books. and assist in the business of putting up
"Allcock's Porous Plasters,' which business plaintiff
alleged defendants had formerly conducted in Port
land, but were obliged to abandon in Portland, and
carry on under cover of D. W. Scribner's name in
Boston, in order to avoid proceedings against them
by the Porous Plaster Company of New York, pro-
prietors of "Allcock's Porous Plasters,' to whom
they had given an agreement not to put up, manu-
facture or sell any more plasters in violation Of said
company's rights; that the Woods furnished all the
capital and material for the Boston business, sending
to them the blank plasters and the counterfeit la
bells and trade mark to put upon them, which were
put together in Boston, and sent furnished to the
trade throughout the United States and Canada;
that the Porous Plaster Company finding these al
legged counterfeits upon the market and the source
1iVhh WA'On tlCy nOiO piONCCouuSy Sduscu plailtih
to be arrested on a criminal charge and to be i'm
prisoned in Boston, that bail was furnished at first
by the Woods, but plaintiff afterwards finding that
they disposed to sacrifice him for their Offences
and had caused him to be surrendered by bail, dis
closed the true state OF affairs and the connection Of
the Woods with the business; that the Porous Plas-
ter Company finding that the Woods were the re-
ally guilty parties discontinued their proceedings
against the plaintiff and commenced proceedings
against the Woods in Portland in the State and
Uuited States Courts for the fraudulent of trade
marks and violation of defendants agreement with
the said company. which resulted in three judg-
ments being obtained against the Woods and per-
petua injunction restraining them from any further
violation of said companys trademark and trade
rights.
Many letters.of defendant and plaintiff were Of
fered in evidence together with other documents.
Defendants claimed that plaintiff was not in their
employ after he went to Boston, but was working
for d. W. Scrioner in business which was entirely
independent of them; that they had no connection
with the Boston business otherwise than by furnish
ing the blank plasters which they manufactured in
Portland that plaintiff had sworn he was in the
ploy of Scribner in disclosure he made IN Boston,
and disavowed that the defendants had any connec-
ton with the business in paper he gave defendants
under oath in Portlnnd.
Plaintiff claimed that at the time he gave the pa
per and made the disclosure he trying to conceal
defendants connection with the business that he
was ostensibly in Scrbner's employ, the business
carried in his name. but that he was in fact
there working heretofore for the defendants and
that the paper given in Portland obtained under
misapprehension by him to its contents. Verdict
for the plaintiff for two hundred and fortyfour dol
lars.
Butler g. Libby for plaintiff.
Howard & Cleaves-N. Webb for defendants
Bennett VS.. City of Portland. On trial.
Bradburys for Plaintiff. Reed for defendants.