The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1906-07-31

-ndor The laws III Tine state III @e
tere.s. ae tho Dt-irtif ie infolIsl and
feIisre-. and tls platinum alleges 'atN
said EIackueIts Durham lafs.a3
COMPANY Cof New Jersey IS ENGAGED
/ n the manufacture pf smoking tabt"
60 under said alleged corporate Ham'
lat Durham. III tho cpuHiE 81 bdf-
ham. in the state of N"rth 'dI"ilha
and In the sale thereof ~ the manu-
featured condition uHgrT me fi'Ir-
said alleged corporate name o1 lila H-
Wells Durham T9haero Company
4. That Tho defendant. BIaeEN.H
! Durham Tobacco Company t"i NV
I.8essevJ is not q Co-DaTiuaI~tIi1 ana
| North Carolina. and there * no n
existing corporation OF this state. a.
cept tho plaintiff. which has the cor
u0rate name Of "ElacEHcil Durham
/ Tobacco Company" ana If sara &C.
| culan is n corporation al all created
and organized under any other state
or Government. the plaintIu Is N
| formed. and is advised By Coun&el
learned in the law, and believes. and
| SO alleges. that The Defendant Biack-
Wells Durham Tobacco Company col
| New JcrScTD has never conplied WITH
| the laws Of the state Of North Caro-
| lima in that behalf made and pro-
ridcd: nor become domeStic1tcd - ~
| North Carolina corporation, ana y not
authorized. but is forbidden by the
laws OF the state Of North Carolina 70
| do the business aforesaid, or any 9th
CT business, at Durham. in the counf'
| Of Durham, or elsewhere Within the
state Of North Carolina under inc
aforesaid corporate name of slack
| wells Durham Tobacco Company"
and said defendant is unlawfully do
ing the aforesaid business OF manu-
featuring and selling smoking tobacco
under the identical name Of the pla}n-
| tiff. in violation Of the laws OF TINS
; state. and to the plaintiffs IrIepafa-
able damage and injury. and in viola
ton Of the plaintiffs corporate rights
IN the premises.
). That. as plaintiff is Informed
and believes. and 50 alleges, the de
PENDANT. the American Tobacco Com
pany. under and pursuant to some con
tractural agreement or understanding
| bet Ween it and its cO-defcnd&nt said
BIackwcITs Durham Tobacco Com
pany (of New Jersey), the terms OF
which said C~ontrdctu1a agreement or
understanding are unknown to the
plaintiff. has been, and still is, aiding
LAND assisting and cooperating with
the defendant. BlackWcllS Durham.
Tobacco Company (of New Jersey) III
the aforesaid unlawful and unauthO1'-
lied business of manufacturing and
selling smoking Tobacco" at Durham.
within the county of Durham, State
of North Carolina.
6. That the defendants, G.. w. Toms,
W. W Flowers ana -. ". Andrews,
are natural persons and are citizens
and residents of Durham. in the coun-
ty of Durham. in the State Of North
Carolina. and are parties directly in
terested in he aforesaid unlaWful
business, and are actively aiding. as
sisting and cooperating with their CO.
defendants in the aforesaid unlawful
| business pf nlJf1rtI1r jnc and Snlljnn
smoking tobacco as aforesaid under
the name Of "BlackWeIls Durham
Tobacco COmDany." in violation of the
plaintiffs aforesaid chartered corpor-
ate rights Under plaintiffs aforesaid
corporate name of 'BlackWeIis Dur
ham Tobacco Company.'
Wherefore plaintiff demands judg-
ment:
% For a perpetual injunction
against each and all of the defend
ants. and their officers , agents. en-
ployes and servants, to enjoin and re
strain them from now or hereafter
using plaintiffs corporate name OF
"BlackWelrs Durharo Tobacco Com
pany," or any other name so similar
thereto as to Lead to uncertainty OF
confusion.
CD For such other and further re
lief as plaintiff may be entitled to. to-
gcther with the costs of this action,
GUTHRIE & GUTHRIE,
Attorneys for Plaintiff.
George r. blackwell being duly
sworn. says that he is the president OF
the plaintiff corporation: that tho
foregoing complaint is true of his own
knowledge, except as TO the matters
and things therein alleged on infor-
mation and belief, and as to such mat
ters he believes It to be true.
Sworn and subscribed before me this
the 2Sth day of july, 1906.
w. j. HOLLOWAY,
Notary Public.
CNOtarial Seal.1
North Carolina-Durham County:
|. c. =. Green. Clerk of the Supe-
rior Court in and for the County OF
Durham, State of North Carolina
hereby certify that the foregoing il
Il true, perfect and complete copy OF
the complaint Gled in my office on the
2Sth day of July, 1906. in the action
therein pending. entitled: "BiackweIF>
Durham Tobacco Company VS.. The
American Tobacco, RlackWelIs DUR
; ham Tobacco Company tan alleged
corporation of New JorseY). C. w
Toms, w. w. Flowers and ID. w. An.
drcWS.
Witness my hand and official sea.
Of office at Durham, in the County O
Durham. state of North Carolina, this
the 18th day of July. 1906.
9. B. GREEN,
Clerk Superior Court, Durham County
North Carolina.
(OtfiCial SCal.D
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