[5] Mr. Lehman was manager of the Pacific Coast branch of the Waldorf-Astoria Segar Company in San Francisco, California.

[6] The "La Magnita" case was a litigation in the New York Supreme Court, between Abraham Siegel, as plaintiff, and the Waldorf-Astoria Segar Company, as defendant.

It was started by a motion for a preliminary injunction, in which Siegel claimed to be the owner of the trademark "La Magnita" for cigars, by reason of his having adopted the same in the year 1900.

The defendant showed that while it was true such adoption and first use was made by Siegel, it was in such a moderate manner at the time, that no reputation had attached to it, indicating Siegel as the origin of the goods bearing that trademark, and that it was not until the Waldorf-Astoria Segar Company took a transfer from Siegel, not in writing, however, adopted a new label, largely advertised and pushed the goods, supervised its manufacture and the purchase of tobacco used in the manufacture, and generally promoted the same, that any reputation whatsoever attached to it, and at the time of the commencement of the suit, the entire reputation and good-will, connected therewith, indicated to the public, origin with the Waldorf-Astoria Segar Co., and not otherwise.

Subsequently, Siegel made certain demands for monetary settlements to complete the transaction, which were eventually resolved.