New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-06-27
END OF THE PIANO CASE.
DECKER BROTHERS VICTORIOUS.

Enovn niano manufacturers against Decker Barnes,
OF Tbirdave FOureenthst, 20 restrain them from
| making use OF the name Decker" or The Decker
piano. has been before Judge Donohue at Special Term
in the Supreme Court, and yesterday ended In COM
| plete victory for Decker Brothers.
The complaint alleges that the plaintiffs have for four
teen years past been continuously and unnterruptedV
engaged in the manufacture Of pianos. and that their
pianos have gained widespread and envabe reputa-
have been engaged in the business they have the
| only persons composing any firm manufacturing
BB orDS the nh name Of Decker" That by
reason of their long continuance In the business ana
this last fact their pianos have for many years past been
known both TO the public and the piano trade as the
Decker" pianos and were the only ones In the market
induced evildlsposed to defraud the public by
representing that they were the OF t d
Decker" piano, and, among others, mat the Ge
PENDANTS have SO defra1ded the P0ohgl rrt a2q
such fraud about the 18th day OF April 1876 hy
OF false atidavits, procured from the CoInns
Icesye rieSn TO nse the term The Decker Piano as
trademark and also their circulars falsely asserted
DECKER piano. and with the idea, presumpnyely,"
OF strengthening such statements iaIsey , as
awarded '"'' to :" Their pianos The complaint
also parees the connection Of the defendants Win INC
that prior TO that time one Of them mad not been en-
gagged the piano business, aud the connection OF the
OTHER Mr Myron A. Decker with It had been Of very
irregular nature TO w.t. sometimes Journeynan then
of Decker Co., formed to profit by the plaintiffs repu-
tation then again ourneyman and after that in the
firm against which this action is brought.
The answer admits that the defendant Decker had
been resaurateur and admits the taxing OUT OF the
trademark certificate but denies the principal alega
Messrs. Townsend & Weed appeared for Decker
Brothers and Messrs- Albeit & Fuller for Decker d
Barnes ,,.-,.... A.. ..,,o, h., tho o,o,n,,r.
and sustained the general allegations OF the compliant
Commissions which bad been taken the part OF the
6tbsr States were then read by Mr. Weed, all showing
that the only Decker" piano which was known IN the
tured by Messrs Decker Brothers OF No. 33 Union.
square. Among others who testified to the same fact
Lowell Mason. president OF the Mason Hamlin Organ
Co., George +. 1lsley, N j. Haines of Hanes Brothers,
George Steck, Of Steck Coz Charles Fisher, OF
c. Fisher Edward schuberth, Franz Remmertz, Charles
Trade GeSrgG W SoD ba1d r. bepSa w
liam A. Pond, Theodore Thomas, Christian FTitsch.
American Institute, and Otis b. Boise.
Al the close Of the testimony for the plaintiff, Mr..
Leon Albeit moved 10 dismiss the complaint, which was
On the part OF the defence the first witness called
fed that early 1890 he purchased piano Of the
defendant Myron seF and that such piano lad
by j. W. Townsend II discovered that this witness
was a relative OF the defendant Decker, ana much
be thrown by the questions OF counsel IN being
endant Decker Ss hs said rst II think he married
daughter Of my wife's grandatheri then, NO, ne
MT Deckcr's wifes grandfather aunt Of my
mother-nO uncle Of my mother-l mean that his
The NEXT witness was Myron A Decker, OF the de-
fendants He testified that he had worked at the bus
of age that he went into business for himself In Al
bany IN the spnng OF 1856 and hrs piano there and
around there known the Decker piano. In 1860 he
came TO NewYork and for time was IN the restaurant
Ia the Ss x and SY made S 6 pno '
twenty and had Decker on the name-board
In 1869 ne moved 20 No 81 East Twenty -scoOnd-s,
and remained there until 1864 he made about piano
a week In 1864 he went with George r. Ilsey, piano
name OF Decker & Co. Prior TO going into business
with Ilsley he manufactured pianos for isey ADD put
Isley's name upon them. From 1863 70 iSIl ne ala
business for himself aud made pianos Tor Mr. Barnes
with whom he subsequently went into Duslness TO ply
piano From 1871 10 1876 he one OF the firm OF
becker Barnes, and now conducts business In bis own
Before the crosse1amnation Of this witness occurred
Mr. Albeit stated to the Court that he had submitted
proposition 10 the counsel Tor tue palnh on oehali OF
his clients which, accepted, would terminate tue case
of did not surprise him He had believed
that the defendants would bAYe inc as-nanee 20 come
deprived OF the luxury OF cross-cxamlning the de
endants he supposed that even at this hour the de-
pendants had learned that discretion the better part
OF yaIor, and that those who run away might live
tSs defendants contained ali that the plaintiffs bad
for and could possibly get n the case should pro
| he said. They agree TO stipulatc that the regis
taton Of their adSm2GR s Se n. ,e ehe a%G
they further agree TO pay US large amount Oh m9nsy
have been put TO- our clients are, however "a AMONG
citizens while they have obtained everything they
also have been grossly deceived by these defendants
aud they propose submit TO the Court whether they
and unmask fraud OF these defendants There H. but
one .dsagreeable feature. Mt townsend added Shch
that such firms Chickerng Sons and Weber could
by Furnishing them with afdays, and thus preventing
Tug nanobHs said that he aid NOT thinE the plaintiffs
were called upon 10 do more than protect their own
| rights. After counsel returned 10 court, and
messPs townsend and weed submitted the following
INDICTMENT 10 the Court which had been asseuted by the
defendants Tho same was signed, entered and filed
special Term Of the Supreme Court Of The state Of
House tho City Of EewYor on the goth day Of June,
Pfessnt-The Hon Charles Donohue, Justice 49,
John J. Decker and David Decker agL Ayron A. Decker
This acton having come on for trial. and the plaintiffs
ing presented evidence sustaining the allegations of
complaint and tho defendants having moved TO dismiss the
having consented to The entry Of Judgment AGAINST
them IN The torn ss HSw On motion oil IO"n'ehd
ITS ordered sdudeed and deereed that the defendants
MyrOn Decker and John G. Barnes. and each Of them,
their servants aborer employees attorney counseors and
every OF them restrained aud enloned from Issuing
display df OF 6ss SSsads Circular. BeSspaper or
OF publicity in business the name or designation
term to ndcatss musical instrument separately in
with any letters and from using me
sad aesgna'0h lead oT induce The public 10 believe
or suppose that the defendants, either o. them,
wares goods and instruments sold and offered Tor sale
Sai tHS good or instruments Of the psiatGs And
that the defendants each Of them, their servants
poy6s and agents every Of them, shall
the issuing Q.spayng and using the sgns pacards BILL
heads circulars, and newspaper and other means Of
| giving publicity 10 their business aforesaid,
| whereon tbs said designation OF a" Decker" or The
or piauoforte or other Indicate a musical
meht is painted printed, In any way made ap.
| narent and defendants hereby confined
| whenever the name designation Decker appears
or Is used in their signs placards clips, Dllheads,
orcniars newspapers. pianos, Instruments or other
means Of advertising business 10 the defendant
DeeEers name OF NJ A. Decker MyrOn A. Decker the
defendants firm OF Decker Barnes, without any
monogram device statement ia connection there
with which may tend 10 misead or induce the public
| other person Aforesaid.
rs further ordered that the defendants
them their servants employees and agents hereby
srained In this sato and elsewhere from asserting