New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-04-05
UNDERSTANDS IN EVIDENCE.
ALL WOOL" GOODS UNDER CAUSTIC SODA.
SUIT AGAINST crokeE LIE norTrLL'rF RE
VEALS METHODS OF GETTING TRADE.

Court Special Term over which Judge Gde:sleeve
prcsidcs. smiled and some laughed outright yesterday
when the learned counsel arguing case before Ain
handed up as exhibits Nos 6. ind 10 thre" mouse
col0red undershrts for the Judge 10 Inspect HIS
Honor touched .he underwear singcrly. smiled and
passed the exhibits down 10 the clerk 10 be num-
bered and identified. Each OF the undeishir's iooHeo
II 1t had undergone trying experience. which WAS
the fact, for each had been dilprd IN solution VI
caustic soda 10 determine the amount OF wool in us
composition AID find out how much basis there was
IN allegations that George lie Io,ilicr, tie Four
feminist merchant. selling TO bis customers
representing the material TO DO all WOOL underwear
which contained much ms 90 per cent OF cotton,
The effect Of caustc soda is to destroy all amman
fibre. ard The results Of the dipping. as shown IN
the understands exhibited In court yesterday ala not
leave much doubt in the minds Of those VINO saw
them The "all wool" nndeishir,s displayed various
degrees Of attenuation. from the tmnness oil mos
quito netting 20 a condition showing them 10 have
been made almost entirely OF cotton
The case was one in which much general interest
Is felt IN the dry goods trade involving as 1t does
serious allegations of business dishonesty and down
right fraud IL the case OF the Dr.. jaeger SAM
tary WOolen system Company against George lie
Gouuli,er The plaintiffs attorneys are Gender a.
stoibeY and It's counsel W. J. Curtis John Della
bunty is attorney for the defendant. The charges in
the suit were explained in clear ard vigorous English
BY Mr. Curtis In his opening OF the case. MI Curtis
said:
The planuG in is the Dr.. Jaegers Sanitary
Woolen system Company the defendant is Ny George
LIE Boutier who business IN Fourtcenth-st under
tho name OF lie Boutler Bothcrs and WIFI ask Your
Honor not eonound your mind George lie boutief
the defendant with Boucr Brothers In Twentythid'
They distinct and separate nsttu'ohs' anu 'c
charges to be against lie Boutlo: in Fourteenth
be made, either in spirit or IL iact against i-c
Boutiliisr Brothers IN Twenty-thrd-st
This action 70 enjon the defendant from com
hitting certain fraudulent acts, TO wit, the inngemcnt
Of rights and the trade name Of the pl"int' IN
this case and from committing improper and Unfair COM
petition In trade. j will ask Your Honor TO nouec me
distinction between what opponents IN this case eam
ard what it actually is We ars not asking
Your Ho enJon them from the use oil any SYMBOL
Or any sign. any brand. We say that they have per-
seny and constantly for many years back, violated our
trade name drawing away nom us trade that bciohgeo
to - And before Your gets through with this
you will recognize IL probably ono OF the most
fragrant involving the charge OF trede piracy ana
fraudulent conduct the part OF defendant that ever
came before Your Honor in this court
The Dr. Jaeger sanitary Woellcn System Company were
Pganized 1887 and the successors OF concern
who were doing business under similar name Thcir
business the sale Of underwear which underwear was
made in the city OF Stuttgart, Germany by the nrin OF
Wilhelm Benger Soehne. The firm OF Wilhelm Benscr
Soehnc has connected Professor DR.. Gustav Jaeger
somewhat celebrated because OF MS sys
TEN Of manufacturing underwear to which he has gwen
his name. do claim IN this case Your Honor mat
underwear sold by the plaint 10 entitled to proee
ton Of excellence over any other standard OF
manufacture or class Of goods involving similar material
We do not claim any patent right in the process Of manu.
facturc. We simply say that goods have obtained
valuable name in the trade. because II valuable de-
mand has been for them and because OF the efforts
we bring them TO the attention oil inc pubic
NV extensive advertising. We claim no patent; tna Is
40, noint in this case The predecessors Of this cor
poraton did business under the name which this cor
poration has assumed.
In 1887 this corporation organized under the laws
Of the State Of NewYork under the mare Of Dr. JaeserS
SANITARY woolen System Company and since that time
hos been g,ecd sale Of underwear known us Inc Dr.
Jaeger underwear with respect to that amc that
this litigation and has it, BONG. Inc name
.Jacecr, Is the valued we are undertaking ana
seesin, l., protect in this litigation That Is the phei-
nal feature of Of the company-thc Dr. Jacscrs
sanitary woolen system Company. us onsihcss w"
the sale Of this brand and class Of underwear naoe o
Wilhelm Eenger soehne Of Stuttgart over wh'eh Dr.
Jaeger exercised supervision Dr. Jaeger mas oce .o
nectcd with the Benger firm at least since the hcorpoa
-, h,s comnany and he gives the manufacture OF The
underwear seme OF his personal time ana o0ch'.o"
While perhaps he has not very large emu 'hpoi
connection the actual commercial in'efes's " o
a.. IA has a particular connection with the manufacture
Of DE goods supervising the manufacture oil cn au
examining the qualities Of the material Oh tue "o'
that enters hcm and has cempletc veto power u
control in regard the being put upon the mahe'
Mo has b,n connected therefore, with the manufacture
Of these garments ever the organization oil this
company. 40 .
an the goods male by firm fol his country
h.vs been Gold through Jacgers Sanitary Wooie
srstem COMPANY in th, city. This company places It's
avn goods with the customer 1t docs net 'oo' A' 10
the custom with many nanuia turers. but sells oee'
to the consumer and 1t has In this city scVera o'So"
houses and where the Jaeger goods are SOU WE
publtc 1t does not soil TO any retail deolcrs ia OF
around NewYork. The Jaeger Company VIC shall show mas
bc in the exclusive possession In this Market WIN ee
exception Of q few accidental cases mere ana 'ero'
But every instance II Your Honor lcases-" e'ery
instance the trade this city recognized me rght
the property right, OF this company IN the name Vi
aeeer" excepting the II the defendant and he has
{ohfe FIR rs.
and has advertised goods Jaeger goods which were not
u,ado by the Messrs. Eengcr. Of StutRar-goods not
supervised their manufacture by Dr. Jaeger ana not
sold authorized to be sold by the Dr. Jaeger Company d
this CITY,
And 1t is for these acts desire Your Honor to inter.
pose strong and enon the defendant
Violations Ct rights say 1t IL probably
the fragrant called 70 Your Honors atten'
ton because Your Honor will see. he has In every
way known 10 the ingenuity Of maD encroached upon
trade rights and at the same time attempted to save
himself from doing the legal wrong which We could
seize upon enjoin him from perpetratng and COM
hitting although he has attempted TO be ingenious
Your Honor will that he has only accentuated this
wrong He has. he admits in his answer. sold goods
not made by Benge Soebnc by Dr. Jaeger over his
counters the genuine Jaeger goods"
We shall show Your Honor that because OF the extensive
advertising done by this company, these goods have Oh.
tanned value and yet this man. without buying from
them undertakes sell to the public genuine jaeger
underwear. What did he mean by that He does not
cay undertake the goods sold by tho Stuttgart
nrn Of Benegr ssd BY the Dr. jaeger Company
His goods made by q manufacturer whose name Is
Loeb resemble the Jaeger goods and
imitation OF them. he has the eIrontery TO oner
70 public these goods Jaeger goods as genuine
Jaeger good. Now. what does genuine Jaeger goods
meant Genuine Jaeger goods muet certainly mean uat
they are Of the standard the Jaeger manufacture
which is right and correct standard He undertook
BY fraud upon the public and the show
hat he selling the goods sold By the Dr. Jaeger Com
pany NewYork and shall show that he advertised
IN newspapers and otherwise genuine Jaeger goods
goods made after the Jaeger system. that In fact he
had the goods made and sold by this company and
By Messrs Bcnger Soehne and by notices his
store he sold the goods representing them TO be
goods sodthe Identical goods sold BY the Dr. Jaeger
Company. For shall undertake TO show by witnesses
that his the dsfendant represented the
public agesod these goods. representing be
genuine Jaeger goods. the goods made for the
Dr. jaeger Company, and which sold chesper the
Companys goods because the Jaeger Company
have pay royaty-thus giving the public TO believe
shst Laexer ConpAnX had laree Ioyalfx and