ADDENDA, Part II
of Legal Papers RE: The History of the Overholt
Karen's Note: The following pages have been retyped from photocopies of old typewritten notes. They reference the various documents mentioned. The person or persons who originally compiled this material is unknown to me; however, the pages were obtained from the records kept at West Overton. You will find misspelling, uncommon punctuation and arcane sentence structure. I do not have access to the original documents, and cannot vouch for the accuracy of these notes.
of Page Listing Beneficiaries of Abraham Overholt;
of Bill of Sale Re: the Right to use the Name A.
Overholt and Co.
Karens Note: This document mentions only the location of the Broad Ford Overholt Distillery, not the West Overton distillery, which is in East Huntingdon Township, Westmoreland County!
of Agreement of Lease
The said Frick does hereby lease and to farm let unto said Pontefract for and during the term of five years from April 1, 1881, the undivided two thirds of the above described premises with all the improvements, fixtures and machinery therein, and used in connection with the manufacture storage and sale of whiskey on said premises; reserving thereout to said Frick, his heirs or assigness, annually during said term of five years, as rent an amount of money equal to one-third of the net profits arising from all business conducted upon said premises, payable as hereinafter provided.
In consideration thereof said Pontefract covenants to pay to said Frick, annually, during said term, the rent above reserved in semi-annual installments on the first day of August and February of each year, each installment to be equal to one-third of the net profits of said busainess during the preceding six months.
The said Pontefract covenants with said Frick that he will prosecute the manufacture, storage and sale of whiskey on said premises to the utmost of his ability, and during said term that he will not directly or indirectly engage in the same business elsewhere, and that he will keep correct books and accounts of said business and that at all reasonable times he will give said Frick or his agent, duly authorized, free access to said books and accounts for examination and inspection thereof.
Said Pontefract further covenants with said Frick that he will not assign this lease or sub-let any part of said premises without the written consent of said Frick, and that during said term he will, at his own expense, keep and maintain all the buildings improvements and machinery connected therewith in as good order and repair as when received, reasonable wear and tear and acidents by fire and storms excepted,
Finally it is mutually agreed that all state, county and township taxes against said property shall be paid by the parties hereto in proportion to their interest therein, i.e., H. C. Frick, two thirds and James G. Pontefract one-third thereof, and further that said Pontefract shall not deduct from the profits arising out of said business any sums as compensation for use of the capital employed in said business or for his personal services.
of Affidavit of A. O. Tinstman/Filed in Suit of C. S. O.
of A. O. Tinstman.
Filed in suit of C. S. O. Tinstman and C. Fritchman vs. James G. Pontefract, Allegheny County, Penna., 51 July Term, 1883.
Personally came before me the subscriber, A. O. Tinstman, who being duly sworn according to law doth depose and say that Abraham Overholt began the business of manufacturing whiskey at West Overton Westmoreland County, Pa., about the year 1810 and about two years afterwards he established the manufacture of whiskey at Broad Ford, Fayette County and continued there in said business uninterruptedly until his death in the year 1870.
That about the year 1864 said Abraham Overholt took affiant his grandson into partnership with him in said business under the firm name of A. Overholt & Co. That on the death of said Abraham Overholt his administrators for a time continued said business with affiant under the same firm name of A. Overholt & Co. and then in the year 1875 affiant purchased the interest of the decedent in said firm and continued said business under the said firm name. That in 1876 affiant sold said business to C. S. O. Tinstman one of the said plaintiffs and affiants brother together with the right to use the said firm name of A. Overholt & Co. and in the same year C. S. O. Tinstman took Christopher Fritchman into partnership with him continuing the business under the same firm name. That affiant in purchasing the interest of Abraham Overholt deceased purchased also the right to use the firm name of A. Overholt & Co. That from 1863 down until affiant retired from said business the name A. Overholt & Co. was used as a brand and trade mark upon all whiskey manufactured by said firm and had become very extensively known throughout the United States and said trade mark was of great value, the whiskey so marked commanding a ready and profitable market and affiant believes that since 1876 the said trade mark has been used and continues to be of great value. That affiant was familiar with all the details of the process of manufacturing the said whiskey and fully informed his successor C. S. O. Tinstman as to such process and its details.
of Affidavit of H. C. Frick/Filed in Suit of C. S. O.
of H. C. Frick
Filed in suit of C. S. O. Tinstman and C. Fritchman vs. James G. Pontefract, at 51 July Term, 1883 in Court of Common Pleas of Allegheny County, Pa.
At present I live in the City of Pittsburgh and am engaged in the manufacture and sale of coke; I am a grandchild of A. Overholt and during my infancy I lived for a considerable portion of the time at West Overton, Westmoreland County, Pennsylvania, distant from Broad Ford about six miles, and I made frequent visits to Broad Ford and had an acquaintance with the business of A. Overholt. I have had acquaintance with the distribution of A. Overholt & Co. at Broad Ford, Pennsylvania since the year 1860. In the year 1868 or 1869, I was bookkeeper for the firm of A. Overholt & Co. and kept my books in the Distillery Building. In the year 1860, the business was carried on at this distillery by A. Overholt and his nephew H. O. Overholt, under the name of A. Overholt and Company. The firm so continued until about the year 1864 or 1865, when H. O. Overholt went out of the firm and A. O. Tinstman took an interest in the firm, and from 1864, or 1865, down to 1870, the business continued under the firm name of A. Overholt and Co., when A. Overholt, my grandfather, died. After my grandfathers death the business was still continued under the same name by the surviving partner (A. O. Tinstman) and the executors of my grandfather, until about the year 1876, when the executors sold their two-thirds interest in the distillery property to A. O. Tinstman, and A. O. Tinstman at or about the same date conveyed his two thirds interest in said property to C. S. O. Tinstman, A. O. Tinstman at about this time, going into Bankruptcy, the business was carried on by C. S. O. Tinstman and C. Fritchman.
The said C. S. O. Tinstman then becoming the owner of two thirds and C. Fritchman by conveyance from C. S. O. Tinstman, becoming the owner of the undivided one-sixth of said property; and the said Fritchman and Tinstman became the lessees of the other undivided one-third interest in this property. The other undivided one-third interest in this property was award by the First National Bank of Uniontown, and others, and the lease to the said Fritchman andTinstman extended to the first of April 1881.
Affiant became the purchaser from the said bank and others of this undivided one third interest in the year 1881 and was the owner of the undivided one third at the time this lease to Fritchman and Tinstman expired in April 1881. At this time, the latter part of March, 1881, Affiant purchased, by Article of Agreement, (the original of which is herewith produced) the undivided two thirds interest in this property and any and all machinery, fixtures and appliances, including all brands and marks used at the distillery, from the said Tinstman and Fritchman who then delivered to him possession of the same on the first of April 1881. This purchase as shown by Articles of Agreement, which are herewith produced, embraces everything connected with the A. Overholt and Co. Distillery and necessary or used in the manufacture of whiskey thereat, and the only things that were excepted were specific items, specially referred to in said Article of Agreement.
Ever since April 1st, 1881, James G. Pontefract, by lease and agreement with me, has carried on business at said distillery and with my authority and permission has used the name of A. Overholt and Co. in carrying it on and marking the whiskey manufactured thereat. Ever since the year 1859, whatever firm or persons was engaged in the manufacture of whiskey at this distillery carried it on and branded the whiskey there manufactured as A. Overholt and Co. whiskey until this brand became known in the market and to the public to designate the whiskey manufactured at the A. Overholt & Co. Distillery and it is so known now to the public and to the trade.
I deny that either Fritchman and Tinstman or both have any exclusive right to the use of the name A. Overholt & Co., but that said name has been used, and of right is entitled to be used, by whoever at the time is lawfully engaged in the manufacture of whiskey at this distillery.
Neither A. O. Tinstman nor C. S. O. Tinstman nor C. Fritchman ever had the exclusive right to the use of the name of A. Overholt & Co., or A. Overholt, except when they were in possession of and manufactured whiskey at said distillery.
For at least, I think twelve or fifteen years this distillery has painted upon it the name of A. Overholt & Co. Distillery, it was sold to me as such; it is known as such. There was no covenant or restriction in the sale to me of the use of the name of A. Overholt & Co. in the manufacture and branding whiskey at this place, and should for any reason, the plaintiffs in this case be able to restrain the use of the name of A. Overholt & Co. in the manufacture and branding of whiskey from this distillery it would be a great loss and damage to me because it would greatly depreciate the rental value of the property and would seriously interfere with my renting or disposing of the same.
I never had any knowledge of any agreement existing between the plaintiffs and the defendants as is shown by their articles of co-partnership and other agreement dated March 12th, 1881.
I respectfully submit that as landlord of this property if I could be enabled to run the same in the name of A. Overholt & Co. and so brand the product, that any person authorized by me, would have the same right.
of Allegations of Suit in Equity, 51 July Term 1883/C. S.
That on July 24, 1878, C. S. O. Tinstman and Christopher Fritchman, - owner of undivided 2/3rds and lessee of other undivided 1/3rd from First National Bank of Uniontown, - took into co-partnership with them James G. Pontefract for term of one year, i.e., from Aug. 1, 1878 to Aug. 1, 1879, and by renewal to April 1, 1881.
That on March 12, 1881, C. S. O. Tinstman and C. Fritchman entered into another agreement with James G. Pontefract, granting him the right for a term of two years (until April 1, 1883) to use the name of the firm A. Overholt & Co. and the various brands at the distillery.
That on or about April 1, 1881 C. S. O. Tinstman and C. Fritchman ceased to own the business and distillery property.
That on April 1, 1883 J. G. Pontefract failed to surrender the rights above mentioned.
Therefore the plaintiffs ask that respondent Pontefract be now restrained from using the name of A. Overholt & Co and that he be required to surrender all the rights and marks mentioned, and to account for all whiskey made by him since April 1, 1883.
of Depositions of Christian S. Overholt/Suit in Equity,
1618 Sept. Term, 1903/
(From answers to direct interrogatories.)
My full name is Christian Stauffer Overholt. I will be 80 next October. * * * * * * *
near Broad Ford, about seven miles from there at West
Overton; also resided at Mt. Pleasant. West Overton is
about seven miles and Mt. Pleasant about ten miles from
Broad Ford. I lived at West Overton up to about 1865, and
from that time on at Mt Pleasant. I was born at West
Overton and raised there, and lived there until 1865;
from 1865 resided in Mt. Pleasant until 1894.
distillery of A. Overholt & Co. at Broad Ford was
built in 1856; my brother Jacob S. Overholt owned it at
that time, and he built the distillery and run it up to
the time of his death, and then father stepped in, that
was in 1858, 59 or 60. I do not remember the
name of the firm while my brother owned and operated the
distillery, after my father got it it was operated under
the name of A. Overholt & Co. The distillery I think
was built in 1856, and run by my brother and his partner
up to the time of my brothers death, which was in
1858 or 59, and then shortly after that father
bought brothers interest, and from that time on it
was run as A. Overholt & Co. Father had an interest
as long as he lived; he died in 1870, and after that his
interest was sold and H. C. Frick bought it; I cannot at
this lapse of time recollect whether my brother and I as
executors of my fathers estate, sold the two-thirds
interest to H. C. Frick directly, or whether we first
sold it to Mr. A. O. Tinstman and he afterwards sold it
to Mr. Frick. About this time Mr. Tinstman went into
bankruptcy and I have not a very clear recollection of
the transaction. At the same time Mr. Frick bought it my
co-executor and myself gave Mr. Frick privilege to use
the old brand, A. Overholt & Co. for all whiskey
manufactured at Broad Ford; this was about 1875. Father
owned I think two-thirds of it, and that cousin of mine
Henry O. Overholt, owned the other third. I was one of
the executors of my father and his interest was sold to
H. C. Frick by myself and my brother M. S. Overholt, the
executor of my fathers estate A. Overholt. The
other third belonging to Henry O. Overholt went to A. O.
Tinstman. My father bought Henry O. Overholts
interest about 1860, and then sold it to Tinstman. After
Mr. Frick acquired the two thirds interest Tinstman
failed; I think Frick got that, just how I do not know.
Ever since my fathers death and after Frick
purchased it the business was done under the name of A.
Overholt & Co.
A. Overholt & Co. was formed about 1859 or 1860; the
first distillery was built at West Overton; there was
where my father commenced - in 1810 where he commenced;
A. Overholt & Co. did not build the first distillery,
as the firm did not come into existance until about 1860;
the first distillery that was operated at Broad Ford was
built by my brother and his partner, that was torn down
and then A. Overholt & Co. built at Broad Ford, which
was about 1866 or 1867.
given to the product manufactured by Jacob S. and Henry
O. Overholt was Monongahela Whiskey. It was
manufactured by them for about two years, before the firm
of A. Overholt & Co. was formed. After the death of
my brother, Jacob S. Overholt, my father and Henry O.
Overholt formed the firm A. Overholt & Co. and the
product of the firm was called A. Overholt &
Co. Whiskey ever since that time, 1860.
Overholt was my father, and my brother and myself were
the executors of his estate; he owned two-thirds of the
Broad Ford property at that time. I had charge of the
distillery for about twelve successive years up to 1870.
I was familiar with the business while my father and
brother carried it on. Before my father had it, Jacob S.
Overholt and H. O. Overholt owned it. Jacob was my
brother and H. O. Overholt was a cousin of mine; I was
familiar with it at that time.
The members of the firm of A. Overholt & Co. as it was first formed at Broad Ford in 1859, were my father, Abraham Overholt and my cousin, Henry O. Overholt.
no Overholt connected with the manufacture of whiskey
except father, A. Overholt, until his sons became
partners of his. Father was the only Overholt that
manufactured whiskey and his sons after that. A.
Overholt, my father, began in 1810 on a very small scale.
His sons did not come in until - - - - it must have been
someplace in 1850. Henry S. Overholt and Jacob S.
Overholt became partners with their father. Henry S. and
Jacob S. Overholt were my brothers. Afterwards Henry O.
Overholt had an interest in the business at Broad Ford.
Subsequently two grandsons of A. Overholt obtained an
interest in the business, Abraham Overholt Tinstman and
Henry Clay Frick.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
(From answers to Cross Interrogatories)
I was born in West Overton, Westmoreland County, Pennsylvania, the 18th of October, 1824; I lived at West Overton until I was 45, then I moved to Mt. Pleasant three miles distant, I lived there until 1894, then moved to Philadelphia, I lived there until last September, have since resided at Colorado Springs, Colorado.
Frick is my nephew, and I know Andrew W. Mellon
personally in a business way. I knew that they run the
Broad Ford distillery. The other parties to the action I
do not know personally. I have known Mr. Frick from his
birth, and have known Mr. Mellon 25 years; I became
acquainted with him in Pittsburgh and met him at Mt.
Pleasant several times.
A. Overholt was my father and I was one of the executors of his estate, and I was manager of the distillery for a number of years.
I lived within seven miles of Broad Ford during all these years and was at the distillery every day. I ran the distillery for Jacob S. Overholt and Henry O. Overholt while they had control; when my father got it I still continued in the employ of the distillery up to about 1870 and managed it.
of A. Overholt and Co. was a verbal partnership; I was
manager of the distillery and my fathers executor.
The firm of A. Overholt was formed some place between
1858 and 1860; A. Overholt was my father and his nephew
H. O. Overholt constituted the firm. My father owned two
thirds and H. O. Overholt one-third. I saw them building
it; I had sometime to do with the arrangement of the
machinery because I was to run the distillery when
completed. At that time I lived at West Overton.
I never lived at Broad Ford, but at West Overton seven miles away, from the date of my birth, until about 1865. I went over almost every day to Broad Ford to my work at the distillery; before the Broad Ford plant was built I was engaged in the distillery at West Overton and the business enterprises connected therewith from the time I was quite a young man. It is this way I got my knowledge.
of Averments from Answer of James G. Pontefract/Suit in
Answer of James G. Pontefract contains, inter alia, the following averments:
denies that said plaintiffs were on or prior to July 24,
1878, the successors in business of a firm known as A.
Overholt of which they had been members. And further
denies that in the said business the said plaintiffs had
the lawful right to use the firm name of A. Overholt
& Co., and to use said name of A. Overholt & Co.,
as a brand and trademark upon the packages containing
whiskey manufactured by them, except by reason of the
fact that the said whiskey manufactured at, and the
business of the said plaintiffs was carried on, at, said
A. Overholt & Co. distillery.
The only brand or mark that respondent knew of being the name of A. Overholt & Co. After signing of said agreement of March 12th, 1881, said plaintiffs sold and conveyed all their interests in the said distillery property of H. C. Frick in fee, designating the said property in the agreement of sale and conveyance thereof as the A. Overholt & Co. distillery property and conveying together with said property all the distillery buildings, improvements, machinery, fixtures, etc., and including all the brands and marks then in use at said distillery which includes all the brands and marks of A. Overholt & Co.
reservation in the said agreement and conveyance by the
said plaintiffs being a certain pump and other machinery.
In pursuance of the said sale and agreement, said
plaintiffs actually delivered to the said H. C. Frick
their entire distillery property, together with the said
brand, marks, tools and machinery, and your respondent
thereupon by an agreement with the said Frick became by
purchase and lease the sole occupant of the entire
distillery property, with the right to operate the same
and manufacture whiskey there at, under the same firm
name and mark of which all persons who had operated said
distillery since 1859, had designated the product of the
same, the said name and mark being A. Overholt & Co.
Respondent further shows that he has the permission and consent of the said H. C. Frick for the use in the manufacture of whiskey at said distillery of the name of A. Overholt & Co. and that ever since the year 1859, commencing with A. Overholt who is long since dead, the person who for the time being were the owners of the said distillery, carried on the same and manufacured whiskey thereat and branded the same A. Overholt & Co., until the name became known as the means of designating to the trade and public whiskey manufactured at this particular distillery.
Therefore Respondent having fully annexed the averments of the Bill of Complaint, prays, etc., hence dismissed with his reasonable costs in this behalf most wrongfully sustained.
of Letter from R. B. Mellon to H. C. Frick Re: Overholt