The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-01-31
A TEAPOT MYSTERY.

THE COURTS TO DECIDE WHEN TEA DOCTORS
onEE--BAMEEEDEHs BAxBoozLIYo PRO-
cEss-A TRADE SECRET THAT WILL MAKE
THE MOOD or OLD WOMEN RUN COLD.
Al tea drinkers will necessarily take deep interest
IN the facts connected with . sui. which has been
menced in the Court OF Common Pleas In this city, 10
dissolve the cop4rncrshp heretofore existing between
John olendon aud Edward W. wilson The partner
ship sought To be dissolved was formed IN January,
year ago. and In sddtion 70 nnai judgment OF dis
solution. the pzinun asks that receiver Of the part
nership property be appointed, and that Wilson be
restrained from continuing the business Of the CO.
partnership or In any way interfering with the
property
rnE cHKKRs.
Tue compliant Of Mr.. Ollendorf presents matters OF
much pubic interest diminished only because dis
closing which become the basis OF tho
action and which the public has deep nicrcst
IL alleges that January last he became acquainted
with Edward ". Wilson, then doing business 81 Nos
l32 and la Front street, as "tca packer" that one,
aud the principal branch Of such business consisted
taking IRON importers and jobbcrs aud subject
ing them processes known 10 those engaged
In the TRADE rccolorinx aud reanns. thereby giving
10 the which in bad condition. or have suffered
change by transportation or have become musty,
. new and better color, removing IRON them any
mustlnesS and siaisness, and making them fresh
snd aud bsueves, all teas prior to importation
subjected In some manner or other To such pro-
bus that CHINA aud Japan such processes
ofien impcr'eetly carried on by rude and primitive
methods and the oDJect OF such business, as carried
ON BY desnasn... was TO supply the defects o. SAID
uniform Color and To render those which had become
Differentiated more valuable and marketable; that as
he tpasnn n further informed and believes PRIOR TO
the year 1870 one Henry Hamburger OF Philadelphia
discovered . new Application OF vegetable cooring
ana improved machinery tor conducting tho process
OF refining Bamberger aid not patent the app-
therefor bul retained the same as secret OF trade
TINE TEAPOT rEnrksr sskvi>G.
In January 1870 the complain. continues. the do
his business aud into coparlneshp with him % carry
on defendant representing that Henry Hamburger had
tea dealers IN this ciy, with the right 10 impar u to
Others aud that he tdeendant mad acquired snc right
had acquired a valuable patronage, the actual net
profits during the 1873 being than els, 0O0
Relying on these representations the p.antn entered
into the partnership, paying 10 the defendant ~ 300
for hall interest and making tho partnership
to continue tor a pcriod OF three years Re-
fcndant's statements were untrue; that he never
acquired IRON Boards Cottre and never had any
used therein bat had acquired his knowledge thereof
by having teen IN The cmpioymcnt OF Bcards Cot
by them to go TO Philadelphia ana obtain, as their
agent ana according 20 contract, from Hamburger .
knowiedsc OF the process aud invention.
fEAgFrL fRoMfsE
Bamberger refused to communicate II TO him until
alter he had promised dvulgc u any
porson except to h's arm. But ai,erward, when he
had left the employment OF Boards A Co,treii, no
sumcd 10 make use Of the secret without their consent
or that of Bamberger, ana against right Tho plain
TN goes on to charge further that defendant
had misreprescnted 10 him the value OF and
income derived from the secret, even d he had the
right 10 Its He alleges that neither the defendant
nor no nor the then firm have any right 10 the Of
the secret ,ha, defendant has no right 10 prom, by
HIM, aud that he (plaintin) has nc dcsrc to
Upon these grounds he asks Tor dissolution Of the
copartnership receiver. an injunction against de-
PENDANT ana a mai accounting and div sion Of tho
profits between them. Iron this compliant Mr..
Eihu Root. counsel for painful, applied Tor and rc-
ceivcd from Judge Joseph y. Daiy, OF the Court 81
Common Pleas temporary injunction restraining de-
PENDANT from Interfering with the partnership prop
crty until the further order of tie Court Accompany
ing this Injunction was M order TO show cause why
should not be made permanent, rctnrnable this
morning.
rHg BAMBoozlgR's STIR.
Growing out 81 this same matter Mr.. Henry BAN
berger, OF Philadelphia, who claims the original right
10 the trade secret, has commenced action IN the
court against both partners RESTRAIN the Of
the secret by them He also asks Tor accounting OF
his profits from Wilson, and the repayment OF the
money received by him from Ollcndorf ~ considera-
ton for share Ia the business. In this action also
temporary injunction was issued by Judge DAILY, ac-
companied BY an order 10 show cause this morning.
What the answer TO these allegations will he behalf
OF Wilson cannot be known until 10 counsel shows his
hand on the argument to-day; bat II Will undoubtedly
be gratifying to the tea drinking public some Of the
many secrets In the doctorng Of Tea can be explained
toVhem.
"somErrxEs COUNSEL TAKE, SOMETIMES TIA"
Mr.. Hamburger the alleged original holder Of the
secret, will be represented In court BY Mr. simon
Sterne, Mr.. Oilendorf by Mr.. Elihu Root, and Mr.
Wilson by General Roger A. Pryor, whose duty viii
DO convince the Court that the inlunctsons should
not be continued, but should, on the contrary, be DIS
solved.