Clipping:A lawsuit by the old Athletic Club over the name
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| Date | Wednesday, June 4, 1884 |
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| Text | A bill in equity was filed in Common Pleas, No. 1, Philadelphia, May 28, on behalf of what claims to be the original Athletic Base Ball Club to restrain Wm. Sharsig, president, Charles E. Mason, vice president; Lewis Simmons, secretary and treasurer, and the players of the present Athletic Club from using the name. The complainants declare that they were incorporated January 5, 1876, and that the corporation is still in existence. The defendants, it is averred, by joining the American Base Ball Association have prevented the complainants from gaining admission thereto and have otherwise injured the complainants. The present club, it is averred, has never been incorporated. The president of the old club is said to be Ex-Receiver of Taxes Thomas J. Smith. It has not had a team in the field for years. The case came up in court Saturday, May 31 st, but argument thereon was postponed till Thursday. The probability is that the case will never amount to anything. The matter was agitated by the same parties last fall, but was frowned down by public opinion. It was supposed that this was a settler, and the filing of the above-mentioned bill last week was a surprise. The averment that the present holders of the title prevented the old club from joining the American Association is ridiculous, as the old club was not in existence when the American Association organized three years ago, and had not been for some years, having gone out of existence under a cloud of suspicion and distrust and with many debts, which are still unpaid. A club under the management of those people would not be admitted to any reputable organization under any circumstances. The whole affair seems to be the work of envious speculators, who would like to reap where others sow. The Sporting Life June 4, 1884 The suit of the alleged stockholders of the old Athletic Club for a preliminary injunction restraining William Sharsig, president, and the other officers and members of the Athletic Base Ball Club from using the name Athletic, came up for argument before Judges Allison, Pierce and Biddle in Court of Common Please No. 1 last Thursday and, as was predicted in these columns, in our last issue, was summarily disposed of. For obvious reasons the Court considered that too great a hardship on the ground that the complainants had waited too long before making the application and should have given notice to the defendants before allowing them to spend a large amount of money in grounds, contracts, etc. This does not, however, decide the question as to whether the use of the name “Athletic” by the present club is a usurpation or not, as Judge Allison said that the legal question as to the latter club’s right to the use of the name might be a matter for future consideration. The case will now go to a Master, who will settle the rights of the parties to the disputed name. Meantime the Athletic managers are not losing any sleep over the matter. The Sporting Life June 4, 1884 |
| Source | Sporting Life |
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| Submitted by | Richard Hershberger |
| Origin | Initial Hershberger Clippings |
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