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


Perfectly Good Labels; and also the
following from the body Of the article:
| "As 10 Stewart & Co., Of Fifth Avenue
( and Thirty-seventh Street, however,
there Is no doubt that Isaac and Meyer
Liberman, brothers in blood and in
business methods TO Philip, but not in
partnership, conduct the place to-
gether.' =,
The answer Of the defendants, filed
Yesterday. sets out in full the text OF
the Adams articles as published IN The
/ Tribune. extracts from which are
quoted in the complaint, and alleges
the substantial truth Of all the state
ments made in them. IL also contains
the usual formal denisls and averments
common to the defence Of most libel
suits.
But the greater part Of tho answer
is taken up with the affirmative defence
Of justification. In conclusion OF such
defence the defendants declare that
"they were performing public service
in the exposure OF said iniquitous
schemes and business methods of said
Kosofsky and said Philip, Meyer and
Isaac Liberman."
Fraudulent Practices Charged.
In the course of the affirmative de-
fence Of justification the defendants
allcge that for many years before the
publication Of Adams's articles there
had been growing up in New York a
class of dealers and so-called mer-
chants, without business rectitude or
conscience, who were constantly seek
ing 10 impose upon the public by raise
and deceptive advertisements.
Goods were offered for sale a. IN
fated prices, it is alleged, represented
10 be OF superior quality and menufact-
ure and worth far more than the price
asked. but in reality of inferior quality
and not manufactured by the reputable
and high class houses as represented
by the dealers.
1t is further alleged that this c lass
Of dealers. in order TO enable them
better TO impose upon the public by
their fraudulent and deceptive meth
DDS. in some cases appropriated part
of the trade names Of houses or lndi-
viduals of high repute and standing
because of their honorable dealing.
These reputable names, il is alleged,
were incorporated in the trade or cor
porate names under which the fraudu,
ient dealers carried on business. and
with which they attempted 10 decoy
the public into buying their inferior
goods. leading them 70 relieve they
we're buying the products OF reputable
houses. 49,.
The most fragrant examples Of this
sort Of dishonorable dealer, the an
swer AYERS. were Aaron Kosofsky ana
other of the Kosofsky family, and the
three brothers, Philip. Meyer and Isaac
Ljberman, the men named in the Adams
articles.
Say Reputable Names were fiiched'
Aaron Kosofsky flched for his dis
honorable purposes, the answer states
tho reputable name Of the Hudson Bay
importing Company, in order to lead
the public to believe the business was
carried on by the famous Hudson Bay
Corpanv Of Canada. The title was
contracted by Kosofsky into Hudson
Bav Imp. Company" with Imp IN
miniature or indecipherable form.
It is also alleged that he attempted 70
NO the name Of "Filene's Inc in iml-
tation Of the Filene department store
of Boston: Of "Brokow & Co.." IN lml-
tation Of the name Of BrOkaw Brothers
of New York. and "Boutellier & Co., IN
fraud of lie Boutillier Brothers, VINO
were compelled to bring an equity &C
ton to restrain the continuance OF the
fraud.
The answer goes on to say that
Aaron Kosofsky and Philip Liberman
onened and conducted store at 5oz
Fifth Avenue under the name M. FOR
svth." where they offered for sale WON
ems shirtwaists with the pur. osc Of de-
cciving the public into the belief that
they were the goods manufactured by
John ForsythC, who had wide and
honorable reputation in the manufact-
ure and sale of such goods.
After tn, John Forsythe corporation
went into bankruptcy, In August OF
September, 1913, the answer AYERS,
Aaron Kosofsky almost Immediately
began advertising the sale Of "forsythe
furs" at a shop in Thlrty-fourth Street
announcing that 1--WE and we only pur-
chased furs from the owners OF the
Fcrsvthe fur department a. remarkably
low prices. eW will sell the stock OF
furs 5OCC below FOrsythe prices.
A. a matter of fact. 1t is alleged, ko-
sofsky had not purchased any furs from
the receivers. nor had John Forsythe or
his corporation for long time prior TO
the receiverShip sold any furs, and that
all these representations were frauds
upon the public.
When Kosofsky filed in the Office Of
the County Clerk. II IS stated, certlh-
cate of doing business under the name
Of M. Forsyth" there was no person
associated in business with him who G
surname was Forsyth" or "Forsythe
and that the Mary Forsyth who was
named as one Of the incorporators OF
M. Forsyth, Inc in July, 1914, never
had any business interest IN or assocla-
ton with such corporation.
The signature of her name TO the GER
tihcate of incorporation was affixed by
her mark. II is alleged, and she was q
person of small means, unable to read
or write. and was persuaded TO allow
the use Of her name for the purposes OF
incorporation upon the payment TO her
Of $40 Her only association with the
business carried on at 3O2 Fifth Avenue
under the name Of an. Forsyth, the
I answer states, was TO present her GER
tifcate Of marriage there for the IN
spection of Aaron kosofsky or PHILIP
Llberman.
The answer also states that PHILIP
Liberman had been conducting that
business under the Forsyth name for
the purpose Of deceiving the public into
/ the belief that the goods there offered
/ for sale were in reality the goods man
ufactured by Johr Forsythe. and that
/ he had also conducted business IN vari-
Gus places under names other than ms
own for the purpose of deceiving the
public in like manner into the belief
1 that the goods ne sold were manufact-
ured by equitable houses.
Varied Career" of Libermans.
/ The answer then sets forth what is
/ alleged to be part of the varied bust
ness career" of the three Liberman
brothers. Philip. Meyer and Isaac. Phil
b Up, the defendants say, came 10 America
from Southeastern Europe about 1901,
I and was followed some months later by
/ Meyer and Isaac.