derived from the will, in November, advertised the tobacco factory, the ground on which it stood, the brand and Trade Mark for sale privately. The advertisement was published in both the Raleigh Sentinel and Standard, the leading newspapers of the State, published nearest the property. The sale, however, was not effected under this advertisement, and the Executor again advertised the property for sale, at auction, on the 9th of April, 1870. This advertisement was posted at various places in Orange, and contiguous counties, and the sale took place in accordance with its terms. William T. Blackwell became the purchaser. The price paid was two thousand two hundred and ninety-two dollars. The conveyance was made to William T. Blackwell, without naming his partner, Mr. Day; but the latter appears to have retained his interest.
Mr. Julian S. Carr being produced as a witness by Mr. Blackwell, deposed that in September, 1870, he connected himself with Messers Blackwell and Day, who were manufacturing both plug and smoking tobacco, in Durham, under the firm name of W. T. Blackwell. The term of co-partnership was for three years, during which they continued to operate under the firm name of W. T. Blackwell, and to use the Trade Mark, "Genuine Durham Smoking Tobacco," in connection with the side view of a Durham Bull. The name on the labels was W. T. Blackwell, successor to J. R. Green & Co. Neither Mr. Day nor Mr. Carr, by the terms of their partnership, acquired any interest in Blackwell's brand or Trade Mark. They only acquired a right to use it during the three years of their partnership. Mr. Carr states that he, on behalf of Mr. Blackwell, paid the purchase money for the property, including the Factory, the lot on which it stands, the brand and Trade Mark, at Hillsborough, the county town on the 31st day of August, 1871.
Mr. Carr, in response to a
question, by Blackwell's counsel explained his duties in connection with the
establishment, as follows "I had" he says, "entire charge of the office duties
of W. T. Blackwell, and of W. T. Blackwell & Co.; superintended and directed
their correspondence, managed their finances, lines of credit, etc. The firm of
W. T. Blackwell expired by limitation the 12th day of September, 1873;
immediately thereafter, on the same day, the same parties, to wit: W. T.
Blackwell, James R. Day and myself, associated ourselves in business under the
firm name of W. T. Blackwell & Co. and they continued to use the same Trade
Mark as that used by the firm of W. T. Blackwell, to wit: "Genuine Durham
Smoking Tobacco," with the side view of a Durham Bull, in gilt letters, on steel
blue paper; there was this change, however, made in the wording of the label
used by W. T. Blackwell & Co.: where the label of W. T. Blackwell read
"Successor to J. R. Green & Co.," the label used by W. T. Blackwell &
Co. reads "
Mr. Carr, in reply to a question by the Respondent's counsel, states that the year before he entered into the partnership Blackwell manufactured less than ninety thousand pounds of tobacco, and employed, not exceeding one dozen hands, and that in the course of the current year, 1877 when the deposition was given, Blackwell & Co., had in one week shipped eighty odd thousand pounds of smoking tobacco, upon which they paid the United States Government an Internal Revenue tax of more than nineteen thousand dollars. In the month of April of that year they paid the Government sixty thousand dollars in taxes on tobacco, while their average monthly taxes were forty thousand dollars, or nearly half a million in twelve months. During this time they employed in the manufacture of smoking tobacco alone two hundred and twenty-five hands.
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