The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1896-11-26
VOL. 81
MR.. WIRTs PATENT SUITS.
Fountain Pen Litigation,

American News Company an order
has been made by Judge Lacombe
requiring the defendant to file bond
for $4,000 within five days, agreeing
that if the complainant shall prevail
IN this action the company will pay
to him damages and profits for all
pens sold from the date Of such bond
until the decision of the final hearing,
such sum as would have been real
lied by the complainant by the sale
ofa like number of complainant's pens
at the usual market rate. The order
also requires the defendant to file each
month sworn statement of all in
fringing pens sold. The effect of this
order in the opinion of some is that
unless the American News Company
shall file the bond as directed by the
court it will be restrained from selling
any fountain pens whatsoever, and
that if the defendant does file the
bond and the complainant finally pre-
walls the defendant will have to pay
damages to Mr.. Writ according to
the terms of the order The order
is dated November 7, and the FIVE
days began to run from the following
Monday.
In the issue of Tie american STD
honer dated November S, 1896, it
was stated that sit now remains to be
seen what effect or bearing this last
decision will have upon the litigation
yet pending" The decision referred
to was in the case of w. w. Stewart
against the American News Company,
and which was in favor of the COM
plainant. In order to obtain more
light upon the subject Walter S.
Logan, senior member of the law firm
of Logan, Demond & Hardy, New
York, who has been connected with
nearly all of the fountain pen suits
brought and fought in the United
States, was asked to explain the mean
ing of the decision and its effect. He
consented, and reviewed the latter in
practically the following words:
"Some time ago Mr.. William w.
Stewart brought suit against the
American News Company for an
alleged infringement of several of Mr..
Stewards patents, and the infringe
ment claimed consisted in the sale
OF the Paul E. Writ fountain pen. I'm
mediately the case was brought to MI.
Wirt's notice he offered to defend the
American News Company in that suit
and togive any bond they desired to
save them harmless from all costs or
damages, and he instructed us as his
counsel to undertake such defense, if
the American News Company would
permit us to do so, without cost or
charge to the American News Com
pany. Mr.. Writ has invariably pursued
the same course ever since he has
been IN business, whenever any of his
customers were troubled because of
selling his pen; but for some reason
the American News Company, while
willing to allow us to defend the suit
for them, refused to permit us to be
the attorneys of record, so that we
could have full charge of its conduct.
"The decree which has recently
been rendered in favor of Mr.. Stewart
against the American News Company
commences as follows: This case
having come on to be heard upon the
consent of the parties to the entry ol
this Decree &C., and it concludes
with the following: The entry of the
foregoing decree is hereby consented,
which is signed by both complainant's
and defendants solicitors. 1t also
provides: 1T is further ordered,
judged and decreed that the question
of damages and costs having been
satisfactorily adjusted between the
parties, no reference is necessary tC
sustain the same
"This decree has no value what
ever, because it has decided nothing
1t is simply given upon the consent
of the parties, and decision is valu
able only when it is an actual decision
of the judge. No judgment is en-
forced in any other case where it il
entered only on the consent of the
parties. The case was not argued
even, for there was no opponent
Evidently the court refused to do any
thing until The defendant put his con
sent to the entry of the judgment upor
the very judgment itself. The de
clsion is not as strong, either, az
though 1t had been obtained by de
fault 1t is worse than that, because
then one of the parties must fail o
appearance, but in this case the de
clslon was by the consent Of the
parties"
Snow, the American News Com
pany of course had the right, when
sued by Mr.. Stewart, to confess judg
ment rather Than allow Mr. Writ tC