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THE MUSIC TRADE REVIEW.
and all managers, agents, dealers, customers
and employees of those companies. The word-
ing of the injunction conforms to the wording of
the prayer for it, namely :
"That said The Everett Piano Company, The
HE following is a copy of the injunction
John Church Company, Edmund V. Church and
issued on November 22d, by the Courts of
William H. Mosby, their confederates, agents,
State of Illinois, in answer to Mr. Bent's prayer
attorneys, associates, employees may be, not
to restrain the Kverett Piano Company from
only permanently but during the pendancy of
issuing notices or ciiculars bearing upon his
this suit, enjoined by a decree of this honorable
assumed infringement of their invention in the
court from in any way interfering with the busi-
Bent " Orchestral Attachment: "
ness of your orator in the manufacture and sale
STATE OF ILLINOIS, ) a The People of the State
of pianos as aforesaid, and may be enjoined in
r SS •
COOK COUNTY, i
of Illinois.
like manner from interfering with the rights or
To The Everett Piano Company,
privileges of your orator's customers, agents or
The John Church Company,
employees, in using or selling said pianos so
Edmund V. Church and William H. Mosby, manufactured by your orator, or from in any way
defendants, and to your attorneys, solicitors, interfering in like manner with any or all
agents and servants, and to each and every parties dealing in any way with the pianos
of them—GREETING :
manufactured by your orator, or from sending
Whereas, It hath been represented to the forth circulars of a like purport with " Exhibit
Honorable William G. Evving, one of the Judges A " (the warning circular issued by The Everett
of the Superior Court, Cook County, in the Piano Company), and in like manner sending
stite aforesaid, on the part of George P. Bent, forth any circulars to your orator's agents, em-
complainant, in his certain bill of complaint ex- ployees, customers or dealers in your orator's
hibited before said judge and filed in said court pianos, threatening to injure their business in
against you, the said above named defendants, selling or using your orator's pianos, or doing
The Kverett Piano Company, The John Church any act inconsistent with the full enjoyment
Company, Edmund V. Chutch and William H. under the law of your orator's rights as a manu-
Mosby, among other things, that you are com- facturer and dealer in pianos or other musical
bining and confederating with others to injure instruments.
4
the complainant, touching the matter tet forth
• That the defendants, The Everett Piano Com-
in said bill, and that your actings and doings in pany, The John Church Company, Edmund V.
the premises are contrary to equity and good Church and W. H. Mosby, and each and every
conscience. And the said judge, having under of them, may be decreed to pay to your orator
his hand endorsed upon said bill, an order that a the sum of $25,000, liquidated damages, for the
writ of injunction issue out of said court, accord- wrongful acts and doings of the aforesaid de-
ing to the prayer of said bill: We, therefore, fendants in the premises, and that jour orator
in onsderation thereof, and of the particular may have such other and further relief in the
matters in said bill set forth, do sirictly com- premises as the nature of the case may require
mand you, the above named defendants, The and to your Honors may seem meet."
Everett Piano Company, The John Church Com-
You will see from the above that The Everett
pany, Edmund V. Church and William II. Mos- Piano Company, etc., are enjoined from issuing
by, and all persons before mentioned, and each any more false and malicious notices and circu-
and every of you that you do absolutely desist lars, or from making threats against you or me,
and refrain from any way interfering with the or the " Crown " goods. Kindly inform me,
complainant's business in the manufacture and immediately, giving full particulars, if there are
sale of pianos, and from interfering with the any violations of this injunction, written, oral
rights and privileges of the complainant's cus- or printed. I again assure you of full protection
tomers, agents or employees, or dealers, in using and defense in selling and using the " Crown "
or selling pianos manufactured by the com- pianos.
Vtry truly, yours,
plainant, and from sending forth circulars of a
GEO. P. BENT.
like purport to exhibit " A " in the bill of com-
plaint, or any other circulars to the complain- Interesting Correspondence Con-
cerning the "Crown" Or=
ant's agents, employees, customers or dealers in
chestral Attachment and
his pianos, threatening to injure their business
in selling or using the complainant's pianos,
Practice Clavier.
or doing any act inconsistent with the lawful
enjoyment of the complainant's rights as a ^
war has seemingly been declared, I
manufacturer or dealer in pianos, until this ^
think the trade should be advised as to the
honorable court, in chancery sitting, shall make steps taken by the enemy, which led up to it.
other order to the contrary. Hereof fail not, I, therefore, submit the entire correspondence,
under penalty of what the law directs.
so that the trade and public may judge imparti-
To the sheriff of said county, to execute and ally as to the motives of the enemy in bringing
return in due form of law.
this suit. Since I have been attacked I shall
Witness, Stephen D. Griffin, clerk of said most vigorously defend—shall right to a finish.
court, and the seal thereof, at Chicago aforesaid, I submit that the presximption clearly is, that
this 22d day of November, A. D., 1894.
my rights in this matter will be proved as unas-
(Seal.)
STEPHEN D. GRIFFIN, Clerk.
sailable, both by the strength of my patents, and
by the further fact that my patents were granted
Notice to all Concerned:
after those of the enemy. If i trespass on
CHICAGO, U. S. A., Nov. 22d, 1894.
another's rights, the patent office at Washing-
On Nov. 22d, 1894, at noon, the courts granted ton, which is there for the sole purpose to guard
my prayer for an injunction against The Everett against such a thing happening, has this time
Piano Company, The John Church Company, failed in its duty.
An Injunction
Granted Bent.
f
THE
CELEBRATED
STEGER
ii
I received the following letter, of which I give
a copy:
"CHICAGO, NOV. 3d, 1894.
" MK. G E O . P. BENT,
333 S. Canal street, City.
Dear Sir:—I understand that you are infringing and
making preparations to infringe on the patent granted
French & Nalence, February 27th, 1894, No. 515, 426.
My clients have instructed me to bring suit against you,
at once, unless said infringement ceases. It would, of
course, be desirable for all parties that the infringement
should cease, but unless it does I shall be obliged to
carry out my instructions.
1 shall be pleased to hear from you in the matter.
Yours, very truly,
Signed.
W. S. BATES."
I promptly replied as follows :
"CHICAGO, Nov. 5th, 1894.
" W.M. S. BATES,
1144 Monadnock Building, City.
Dear Sir:—\n reply to yours of Nov. 3d, would say that
1 did not and do not know that I infringe, and it is far
from my desire to trespass on another's rights. Would
you kindly indicate in what way or ways you or your
clients claim that I am treading or intend to tread on
your 'grass' ? If you will kindly see fit to show me that
I do now, or intend in the future, to violate any rights of
your clients, no suit will be necessary; for I am one of
those who wish peace and to abide by the law, and will
always avoid a suit or a fight if it can be done without
waiving my own rights. My own clear rights I will fight
for to the last ditch.
Shall be pleased to confer with you and your clients,
or you can do so with my attorney, Mr. Coburn, of Co-
burn & Thacher, so that a proper understanding may be
arrived at.
.
Yours truly,
Signed.
GEO. V. BENT."
I received in reply to my letter of Nov. 5th
the following :
" CHICAGO, NOV. 7th, 1894.
" M R . GEO. P. BENT,
333 S. Canal street, City.
Dear Sir:—Replying to your favor of the 5th, if you are
not ' treading on our grass' we don't want to molest
you. Will you permit us to examine your piano and
attachment, and, if so, will you appoint a time to-
morrow, Friday, for us to call on you and do so. You
can do this by telephone, 1149 main, or by mail.
Very truly, yours,
Signed.
W. S. BATES."
On receipt of Mr. Bates' letter of Nov. 7th, I
immediately telephoned, requesting that he
call with his clients and his patent lawyer, and
make a thorough examination of my patented
devices. Mr. Bates, Mr. Pickard and Mr.
French called, and were shown every courtesy,
and afforded every opportunity to make a most
thorough and exhaustive examination of my in-
strument and its patented devices. I reiterated
to those three gentlemen the sentiments ex-
prtssed in my letter of Nov. 5th, namely, that I
had no wish to trespass on their rights and
would not do so knowingly, but that my own
clear rights I would fight for to the court of last
resort. I further requested those three gentle-
men to please indicate to me in what way or
ways I was trespassing on any rights of theirs.
They left without indicating that I trespassed
on any of their rights, other than the general
assertion that they thought my devices were
an infringement on theirs. My reply was, that
if so, they could show me just as clearly and
plainly out of court as they could in court, if
they saw fit to do so, and if they could show me
the error of my way no suit would be neces-
sary.
I heard no more from them until receiving the
following letter :
" CHICAGO OFFICE, NOV. 13th, '94.
" M R . GEO. P. BENT,
Chicago, Ills.
Dear Sir:—Since the interview Mr. L. M. French and
the attorneys recently^ had with you, we have carefully
PIANOS
PATENTED 1892.
are noted for their fine singing quality of
tone and great durability. The most
profitable Piano for dealers to handle.
STEGER & CO., Manufacturers,
Factory, Colombia Height*.
235 WABASH AYR, CHICAGO.