New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-04-13

1918, Immediately proceeded 10 auVei
tise widely in the newspapers ana
otherwise a bankrupt sale OF the STOCK
in trade of John Forsythe, which tney
continued until April, 1914. DURING the
intermediate four and one-halt months
they sold in said store 2Ol Broad"ay
as goods received from the stock or
said bankrupt John forsythe severn.
times as many goods as were IN fact
takon over by them from the receivers
in bankruptcy. -,
SUBSTANTIALLY all 81 the goods sold
by them during that period were nelo
ont 10 customers ms belonging to the
stock that had been taken over from
the receivers. As a matter OF fact' oy
far the greater part Of the goods so
sold during said time were purchased
bv said Never and Isaac Liberman from
various manufacturers and at diherent
places and were brought to SAID store
at 201 Broadway in van loads. :.
"Such goods were not OF the dls-
tinctive designs and superior quality
dealt in by said John Forsythe. But
on such goods Forsythe labels were
placed and in many instances other IA
bells were removed in order that the
Forsvthe labels might be placed upon
them. and in still other instances the
John Forsythe labels were placed over
other labels so as to conceal the latter
Su.h affxing of labels was. to a large
extent. done on the premises at zol
Broadway ~
said Meyer and Isaac Liberman did
not. and, as they well knew. could not
legally purchase the right to DO ousl-
ness under the name John Forsythe
but the same could only be used rlght-
fully and legally by said corporation
and by said individual. John forsythe'
Instead OF honestly representing tne
fact 10 he that they had purchased
said sock in trade and were selling the
stock Of goods formerly belonging 10
said bankrupt corporation at 2Ol Broad
way, and sold by 1t at It's said former
place Of business POI Broadway, SAID
Never and Isaac Liberman began de-
liberate methods to mislead the pubic
in respect thereto. .,
The opened a shop for the sale OF
mems haherdashery at q West Thirty
fourth Street. which had formerly been
"a { Of the retail store OF SAID John
Forsythe. for the sale of women's SHIRT
waists and other goods, and by means
OF their occupying said premises for
merlv occupied by said John Forsythe.
sought 10 mislead the public into the
belief that said reputable house was
still continuing said business, and that
said goods we're Of the character and
quality OF the genuine Forsythe goods
an were sold with the same honorable
methods of sale as had been followed
by said John Forsythe.
They made representations TO the
public in announcements and advertise
ments in the name John Forsythe.
They sent out form letters TO old Gus
toners Of said business, signed 'Jonn
Forsythe. They placsrded their win
dows with statements to such effect as
John Forsythe announces such and
such sales Of goods
They advertised and sold shirts
bearing the label of John Forsythe and
represented them to have been manu-
featured by John Forsythe, when in
reality they were inferior goods manu-
featured by other parties. lhey even
sold shirts bearing such John Forsythe
labels which were sewed on over the
labels Of other retail dealers or man
ufacturers. and in every way endeay-
ored 10 lead the public TO believe that
the goods which they were there pur-
chasing were the genuine product OF
said reputable house.
Among other methods Of deception
and fraud practised by said Meyer and
Isaac Liberman was the sending out OF
personal letters to old customers of
said John Forsythe. in which they
made the following false and fraudu-
lent statement:
We are pleased to inform you that
we are doing business al the old stand
under the same management as years
Of old.
".This assures you the best treat
ment and the highest class Of merchan-
disc. We earnestly solicit your &C
count as heretofore and shall be
pleased TO serve you. The statesmen
that have been waiting on you for
many years are here to greet you
"Said letters bore at the top the old
letter heading of said John Forsythe
They were signed Yours re-
spectfully. John Forsythe.' Upon said
letter head there was also used the
family crest or coat-of-arms of said
individual John Forsythe.
"The said Meyer and Isaac Liberman
did not have the legal or moral right
10 make the said representations or
doing business under the name Of
John Forsythe or TO do business in
any form unueI the name JoHH VI
sythe either as q trade name or as a
part of the name of said corporation.
They could only have obtained such
right by the consent Of said corpora
ton John ForSythe or Of said indI-
vdual John Forsythe. Neither said
corporation nor said individual John
Forsythe gave 70 them such right so
TO use said name. but. on the contrary,
Drotested against such use aS in fraud
and infringement Of their rights"