The New York herald., 1876-07-07
1 Competition That Is Not the
Life of Business.
NPSSURE or FRAUDS IN THE PIANO TRADE.
ln qvsnty-lhni Street Rlna Company Ellolnsd
from Leasing the Hlssksr Street Railroad
IMPORTANT GENERAL TERN DECISIONS.

A ssN involving questions Of considerable impor-
lance alone TO piano dealers but 10 she public gen.
orally is now IN progress in the courts The
boon brought by tho firm OF Decker Brothers, the we'll
known piano manufacturers At Union square, against
Marcus A. Decker, Robert Cashn and siegmund l.
Ouo II is set forth their complaint that for many
years they have been sxtensivsy engaged in manufac
turing and selling pianos Of various kinda sizes and
qualities OF the best material; that in the manufacture
such pianos they have At great expense engaged the
best skill that BE- obta,ned that their pianos are
sold all the Union; that N order to protect their
business and distinguish their pianos they have for
Tho last fourteen years used the Decker Brothers,
and have labelled their pianos; that their pianos
have become known to the public generally as the
Decker Breshers' piano, Decker pianos; that they
tho only persons bearing the name Of Decker and
related brothers who engaged in tho manufac-
turu and sale OF pianos; that they have ascertaincd
that spurious and inferior piano In every respect
their manufacture Is now being sold throughout the
United States under the name OF Decker Brothers,
which name Is labelled on tho name board
Of the pianos Of such persons, indicating
that they were manufactured by Decker
Brothers, while, In fact. there no persons In
the piano manufacturing business who do business un
der such hrm name or who are entitled to use such
nrm name, and that such firm name is q mere imta-
tion Of the plaints Arm name and is made Of for
Ihe purpose Of defrauding the plaintiffs Of the legit
profits OF their business and Of cheating and do
hauding the public. The complaint further alleges
shat the defendants in this action have been and
engaged in selling such spurious aad inferior
pianos, which, by means Of advertisements and 9TH
.rwiso they leave public believe manufac-
Iured by the plantHs; and the plaintiffs also allege
that by such the part Of the Defendants the
hus, hnah init tha
utaton of their business lsssened and consequently,
tho profits OF their seriously injured the
extent Of not less than $4,000 Tho plaintiffs pray
that the defendants be enjoined from making any
VI the nrm name OF Decker Brothers Of any like
same and from labelling the Same or any like Dame
spon any pianos. and from selling disposing
II any pianos having the namo Decker Brothers, or
any like name and that they be compelled to to the
plaintiffs such damages al shall be asccrtaned they or
any Of them have caused TO the plantfa IL juno
last AessrA Townsend and Weed, the paIntids'
attorneys, obtained an order from the Court d.
recting examination Of the defendants Marcus A.
Decker and Robert Cashn, the defendants, answered
the complaint denying generally that they had dam-
r*n "e ~ h . ns h ,o sta s,noa
ton to the plaintis counsel to be relieved from the
effect OF the action as against himself claiming that he
had been Induced to enter the business and was willing
give full and complete statement OF the in
which the business had been conducted and the way
that the frauds perpetrated His proposition was
accepted and yesterday he was examined IN Court by
Mr.. Jonn ID. Townsend.
Mr. Otto having been sworn, testified that he had
known the deendant Decker since Nay last, when he
introduced TO him as person familiar with tho
piano business; that he (Otto had some considerable
money idle, and being informed that he could double
IL in short time induced to make agreement
in writing with the said Decker. This agreement
produced by Otto and by It's terms OTTO to furnish
Ill the money for the purchase OF pianos, expenses OF
and employees be responsible Tor losses and to
Decker SIS week for his services. and also $40 Tor
piano sold by Decker upon VIII ch the Of Dec
ker Bro hers should De placed or by means OF when
name as manufacturers, pan, should be sold By
his agreement Decker gave TO Otto the exclusive right
10 use the name Of becker & Brothers in all adver-
tscmonts OF the pianos and TO use the catalogues and
such conside ration. to devote his whole time the
selling OF such pianos and to give TO Otto the benefit
II his experiences in buying and selling
md 10 hold OTTO harmless against any other
person than himself who claims the right to use the
OF Decker Il Brothers. and he further declares
In this argument that he has no brother engaged 10
the piano business, but that he alone has the right
10 use the name OF Decker Brothers, and Decker
lurther and finally agrees with Otto that he will
put the name OF Decker l. Brother on any
piano which purchased by him Otto and
remove the name or names from any pianos which
may have upon them when purchased, and
agrees furnish the stencil plate such purpose
Upon the application OF Mr.. Townsend, Mr. Otto pro
duced some notices Of their business about 1000
1000 OF which, said, had been circulated through
the country during the last month. These
forth that Decker Brothers kept square W.
hey did not advertise any patent humbug
Tor the purpose OF binding the public,
their make-unless they had their the iron
plate at the let hand corner inside OF the piano Upon
BONG questioned In regard to this circular Mr. Otto ad-
nItted that the statement Of their having pianos Of
heir own manufacture was lie, as they bought the
pianos wherever they could buy them cheapest and
that Decker put the name OF Decker Brothers on
then after they came to their store On beng iperro
gated TO the name Decker Brothers being cast
in the iron plate on the piano Mr.. Otto exhibited some
brass letters making the name OF Decker Brothers.
which, he said Marcus Il Decker had purchased and
which he stuck on with some preparation which he
had Mr.. Otto Also produced samples OF the biheads
cards. &c, which set forth the firm OF Decker h
Brothers as maL ufacturers He also shown an ad
vcr.isement In New York paper of Decker Brothers
on juno 4 in which they also claim to be manufactur.
Mr.. Otto confessed that this all fraud and
gotten up with the expectation that the public would
mistake them for the plaintiffs Decker Brothers and that
they could do business that way Alter further exam
nation Mr. Otto produced several stencil plates which
he stated that Decker had brought him for use IN
street, New York - one .'Stodart New York =, another
Of Newton Co, New YORK; y another OF 'The Island
City Piano Company, New York." another OF &C. l..
Decker. New York." another Of decker h Brothers
New York." another Of Decker 4 Brother, New
York; another Nv. /. Bradbury. New York" Mr.
U,to also exhibited price list OF pianos and testified
that pianos which they offered TO the public for $3.50
cost $i7o and those they offered for SID cost $3.50
the Of Mr. OTTO took into his possession and
II is said, will base criminal charge upon them.
Decker was partially examined, amt. although his
examination was not complete, II confirms IN the
The testimony given BY Mr. Otto He says tina, they
never Manufactured any pianos, but SIMPLY bought,
marked and sold them IN the manner descr bed Hts
further examination will be resumed OH next Tuesday.
TWENTY-THIRD STREET RAILROAD.
In the Cour, of Common Pleas. Chambers yesterday,
the parte application OF MT Orlando L. stewart,
counsel for Alexander r. Chisholm, Judge Van
Brunt granted injunction restraining the Twenty.
third street Railroad Company from accepting lease
Of the Bieecker street road. The suit which this
injunction been granted has been brought by Mr.
Chisholm, . ftockholder OF the Twenty-tnrd Street
Railroad in the interest OF himself and that Of his
fellow stockholders. TO all Of whom leave Is given 10
join with him. In his complaint he alleges IN sub
stance that the Twenty third street Railway Company
is q corporation duly organ zed under the general
Railway act OF the State of New York the 10th day
May 1862 with capital stock Of 5000 shares rep
rescntng all 5000 oo0 and bonded debt OF $3.50 oo0
Such corporation empowered to receive q fran.