HANNAH Vs. JUGGERNATH AND CO

JUDGEMENT

(1.) The plaintiffs, Messrs. Juggernath & Co. are described in the heading of the plaint as a firm carrying on business as jute balers and shippers and merchants at No. 117, Harrison Road, in the town of Calcutta.

(2.) The defendants are E. C. H. Cresswell, H. A. Smyth, and Geoffrey Watson, who carry on business in co-partnership as Jute Balers, Brokers, and Merchants, under the name of Messrs. Moran & Co. at 11, Lull Bazar Street, Calcutta, and G. S. Hannah and C. L. Smallwood, who carry on business in co-partnership as Jute Balers, Brokers and Merchants under the name of Messrs. W. Ha worth & Co. at No. 1, Mission Row. It is alleged in the plaint that the plaintiff firm has been and is the proprietor of four jute trade-marks set forth in the schedule, and the plaintiff s cane is that on the 8th of July 1911 the defendants Moran & Co. s and on the 1st of March 1912 the defendants Ha worth & Co. acquired the right to rise and permit the use of these trade marks, and that in return the defendant firms severally covenanted to maintain the reputation of these marks and to pay an annual fixed royalty of Rs. 10,000 in cash, and Rs. 13,500 in bills. These agreements were repudiated by Ha worth & Co. on the 2nd July and by Morau & Co. on the 15th August 1912 ; and the plaintiffs, without assenting to these repudiations have instituted this suit on the 5th September 1912, churning Rs. 3,50,000 as damages on account of the alleged depreciation of the trade marks, and Rs. 10,000 in cash, and the execution of three several drafts for the aggregate sum of Rs. 13,500 for and by way of royalty for the jute season 1912-13, or in the alternative Rs. 23,500 as damages.

(3.) All the defendants have resisted the claim, and the suit has been heard by Iman J. who disallowed the claim for damages for depreciation, but passed a decree for Rs. 23,500 in respect of the claim for royalty.