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

place a clothing business under the
name of said insolvennt corporation.
Never and Isaac Liberman, the an
swer declares. also subsequently car
ried on business in other places under
names other than their own Tor me
same purpose Of deceiving the public
and that among other places was the
/ shop at II West Forty-second street.
/ in which they conducted business az
! "outfitters to men" under the name
/ "Nan Howton & Co.. and thht they
/ there made false and deceptive state
ments in their public advertisements
and otherwise as TO the character and
origin Of the goods sold by them, and
among such statements falsely repre-
sented that shirts there sold by them
were manufactured by the said reputa-
bic house Of John Forsythe.
No Stewart in Stewart & Co.
But the main averments Of the an
swer relate TO what are alleged to be
/ the methods OF Meyer and Isaac Llber-
man in doing business on Fifth Avenue
under the name Stewart 4 Co and
under the name John Forsythe' at
/ POI Broadway and % West thirty
fourth Street, where business had org
jnally been established and carried on
by what is termed in the answer the
reputable house Of John Forsythe.'
! The answer alleges that the name
/ Stewart & Co. was selected by SAID
! Libermans for the fraudulent purpose
/ of deceiving the public and securing
/ for their business unlawtuIly ana
! frauduently the benefit OF the reputa-
/ ton and goodwill of reputable houses
organized and conducted by persons
/ bearing the name of Stewart.
! When in August, 1912, the Lioermans
! filed a certificate of doing business un-
der the name of Stewart & Co.." the
defendants state, the name Stewart
was a synonyme for high commercial
! integrity and fair dealing throughout
! the country, because OF the reputation
established by A. t. Stewart. under the
firm name of A. r. Stewart & Co. IN
New York land by the house of Stewart
. & Co. in the city Of Baltimore. the rep
utation Of both of which houses for
honorable dealing was as high as any
in their respective communities.
The answer continues: THE purpose
Of said Libermans in selecting sald
name Of Stewart G. Co. was TO deceive
the public into the belief either that
their store was the successor OF SAID
house Of A. T. Stewart & Co. or that
il was branch Of said Baltimore house
of Stewart & Co. No one bearing the
name of Stewart had any valid interest
in said business OF said Libermans.
When said trade name OF Stewart &
Co. was so fled by said Libermans they
found themselves unable to incorporate
a company under said name OF Stewart
e. Co. in the State OF New YORK, be
cause those interested in said Balti-
more house had already lncorpor;. ted
company in this state under that
name. and. as said Libermans well
knew, said corporation has never been
dissolved, nor has II hled any DIS
claimer Of doing business. SAID LlDer-
mans incorporated the plalntlf com
pany in or about the month OF october,
1912. TO enable them more successfully
to carry out said deception upon the
public. Not only was there no person
bearing the name NJ !. Stewart ever
connected with said corporation. but
10 person bearing the name stewart
has ever been associated thereWlth, the
M. L. of the plaintiffs corporate name
being merely the initial letters OF tie
first names Of said Liberman brothers,
Never and Isaac. The said corporate
name has not been used IN any public
announcements or advertisements Of
said business or in any transactions
with the customers thereof, but since
said incorporation the name Stewart &
Co. has continued TO be used by SAID
Libermans 10 promote SAID fraud upon
the public
The answer further alleges that said
Liberman brothers also attempted rep
rehensiblv TO misuse the name stew
art & Co in the city Of Baltimore and
in the city of Washington; II sets
forth details and further alleges that
complaints were received by said rep
utable house in Baltimore from many
persons residing in Washington that
the proprietors of said Washington
store were representing themselves 10
be branch of said Baltimore house.
Fifth Avenue and the Libermans.
The answer further makes allega-
tons as follows: For many years
Fifth Avenue, in the City of New York,
had been very largely occupied by re-
sponsible and reputable merchants
selling high grades of goods in an
honorable and trustworthy fashion, so
that said avenue acquired great repu-
tation not only in the City Of New York
but throughout the United States and
elsewhere as one Of the highest class
mercantile streets in the world.
ITO protect its reputation and So
cure is advancement and interests
along the highest and best lines Of re-
tail merchants an organization com
posed of large number of those di-
rec,ly interested therein was formed
several wears prior TO the date of said
. L
Association. Through the efforts Of
the members Of said association the
reputation Of said avenue as the high
est class business street in the world
for retail trade was improved and
maintained prior 10 the time when said
Kosofskys and Libermans opened their
shops upon said avenue and began
their deceptive and dishonorable meth
DDS Of conducting their retail business
therein
Not long after their appearance
therein. however, many complaints
arose on the part OF customers who
had been victimized in said shops. the
reputation Of said avenue began 10
suffer and the reputable and high class
merchants thereon began 10 feel the
injurious effects Of said methods upon
the reputation of said business street
and upon their business.
Complaints came to the defendants
from the customers Of said shops OF
said kosofSkys and said Libermsns
and also from the property owners and
merchants owning property or conduct
ing business on said Fifth Avenue.
The evil resulting from such abuses
and bad practices on the part Of said
Kosofskys and said Libermans became
so great as to call for public exposure
as the best means for It's abatement.
Therefore. 10 protect the buyers OF
goods upon said avenue. said merchants
and property owners and the public
generally from the effects of said dis
. Il 10 dot