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MR. WIRT'’S PATENT SULTS, Fountain Pen Litigation. Another phase of the fountain pen cases has been developed since the last issue of the Stationer. In the case of Paul E. Wirt against the American News Company an order has been made by Judge Lacombe requiring the defendant to file a bond for $5,900 within five days, agreeing that if the complainant shall prevail in this action the company will pay to him damages and profits for all pens sold from the date of such bond until the decision of the final hearing, such a sum as would have been real ized by the complainant by the sale of a like number of complainant's pens at the usual market rate. The order also requires the defendant to file each month a sworn statement of all in fringing pens sold. The effect of this order in the opinion of some is that unless the American News Company shall file the bond as directed by the court it will be restrained from selling any fountain pens whatsoever, and that if the defendant does file the bond and the complainant finally pre vails the defendant will have to pay damages to Mr. Wirt according to the terms of the order. The order is dated November 7, and the five days began to run from the following Monday. In the issue of Ze American Sta tioner dated November 5, 1896, it was stated that “it now remains to be seen what effect of bearing this last decision will have upon the litigation yet pending.” ‘The decision referred to was in the case of W. W. Stewart against the American News Company, and which was in favor of the com plainant. In order to obtain more light upon the subject Walter S. Logan, senior member of the law firm of Logan, Demond Harby, New York, who has been connected with nearly all of the fountain pensuits brought and fought in the United States, was asked to explain the mean ing of the decision and its effect. He consented, and reviewed the latter in practically the following words: “Some time ago Mr. William W. Stewart brought suit against the American News Company for an alleged infringement of several of Mr. Stewart's patents, and the infringe ment claimed consisted in the sale of the Paul E. Wirt fountain pen. Im mediately the case was brought to Mr. Wirt's notice he offered to defend the American News Company in that suit and to give any bond they desired to save them harmless from all costs or damages, and he instructed us as his counsel to undertake such defense, if the American News Company would permit us to do so, without cost or charge to the American News Com pany. Mr. Wirt has invariably pursued the same course ever since he has been in business, whenever any of his customers were troubled because of selling his pen; but for some reason the American News Company, while willing to allow us to defend the suit for them, refused to permit us to be the attorneys of record, so that we could have full charge of its conduct. “The decree which has recently been rendered in favor of Mrr. Stewart against the American News Company commences as follows: ‘This case having come on to be heard upon the consent of the parties to the entry of this decree,’ c., and it concludes with the following: ‘The entry of the foregoing decree is hereby consented, which is signed by both complainant's and defendant's solicitors. It also provides: ‘It is further ordered, judged and decreed that the question of damages and costs having been Satisfactorily adjusted between the parties, no reference is necessary to Sustain the same.’ “This decree has no value what ever, because it has decided nothing. It is simply given upon the consent of the parties, and a decision is valu able only when it is an actual decision of the judge. No judgment is en forced in any other case where it is entered only on the consent of the parties. The case was not argued even, for there was no opponent. Evidently the court refused to do any thing until the defendant put his con sent to the entry of the judgment upon the very judgment itself The de cision is not as strong, either, as though it had been obtained by de fault. It is worse than that, because then one of the parties must fail of appearance, but in this case the de cision was by the consent of the parties. “Now, the American News Com pany of course had the right, when Sued by Mr. Stewart, to confess judg ment rather than allow Mr. Wirt to defend the suit with his own counsel and at his own expense, securing them against any possible adverse result of the suit. The American News Com pany themselves have been sued by Mr. Wirt for infringement of his patents, and an injunction has been recently obtained against them by Mr. Wirt in that suit. The fact is, the decree in favor of Mr. Stewart is worth little less than the paper on which it is written, for it was obtained by the consent of the defendant and not upon any proof or evidence deduced in a trial, if at any time a suit should be brought against Mr. Wirt it will prove to be of more harm to him than good. If Mr. Stewart should ever muster up courage enough to sue any of Mr. Wirt's customers Mr. Wirt will defend every such suit with his own counsel and at his own cost, and guarantee every person sued against any loss or damage by reason of having sold the Wirt fountain pen, and we are author ied and directed by Mr. Wirt to appear at his expense for any person so sued. But we suppose it is too much to hope that Mr. Stewart will sue Mr. Wirt himself. He is likely to be deterred by the fate of others who have gone before him. —American Stationer, Nev. 12.
Newspaper Details
Bloomsburg Columbian
Bloomsburg, Pennsylvania, US
Thu, Nov 26, 1896
Page 1
Full Page
Clipped by
Matthew G.
USA 24 May 2026
Other Publications Near Bloomsburg, Pennsylvania
Bloomsburg Star Of The North
Bloomsburg Columbian
Bloomsburg Campaign
Bloomsburg Democrat
Bloomsburg Columbia Democrat and Bloomsburg General Advertiser
