Some stories just keep being retold and accepted as true. This is one of them.
If you Google the card game of FLINCH ninety-nine times out of a hundred you will get this for an answer......"Flinch is a card game that was invented in 1901 by A.J. Patterson of Kalamazoo, Michigan. At home one day while he was playing cards, he came up with the idea for Flinch. He decided to create the game and the deck. Later, he ran the Flinch Card Company out of the stationery store, that was renamed Beecher, Kymer, & Patterson."
This statement is basically true. Yes, A. J. Patterson was playing cards at home when he got an idea. And yes, he did sell Flinch cards, He also made a lot of money selling it. But, he did not invent the game. The forgotten inventor was actually Eugene H. Munger of New York.
If you Google the card game of FLINCH ninety-nine times out of a hundred you will get this for an answer......"Flinch is a card game that was invented in 1901 by A.J. Patterson of Kalamazoo, Michigan. At home one day while he was playing cards, he came up with the idea for Flinch. He decided to create the game and the deck. Later, he ran the Flinch Card Company out of the stationery store, that was renamed Beecher, Kymer, & Patterson."
This statement is basically true. Yes, A. J. Patterson was playing cards at home when he got an idea. And yes, he did sell Flinch cards, He also made a lot of money selling it. But, he did not invent the game. The forgotten inventor was actually Eugene H. Munger of New York.
Eugene H. Munger was born in 1844 in Saratoga Springs, New York. When he was two years old his father, 40 year old Calvin, died. When the successful merchant Calvin died, he left a pregnant widow with two children under four. He also left them financially well off and with four servants to help.
Unfortunately the money did not last a long time. In a few years they moved to an apartment in New York City minus the servants. Josephine, Eugene and his brother, Charles, started attending the exclusive Trinity School there. The Trinity School was founded in 1709 when William Huddleston, a New York lawyer and a city schoolmaster, successfully petitioned the London-based Society for the Propagation of the Gospel for school books and an annual salary of ten pounds. In his petition, Huddleston wrote that the "want of a publick school in the City of New York where...poor children...might be taught gratis is the occasion of an abundance of irreligion." He proposed to provide free education for the poor in the new English Colony. The rector and wardens of Trinity Church and the mayor and aldermen of New York were enthusiastic and offered the new school classrooms in the Trinity Church bell tower and in old City Hall. By 1859 the school had risen to the level of such English establishments as Harrow, Eton, Westminster and Winchester. The transition from charity school to an institution modeled on the finest English educational foundations was complete. The school is still very exclusive.
The Trinity School circa 1875
By 1870 the two boys are successful bookkeepers and are able to have a maid to help their mother and them in their apartment. Daughter Josephine had married and moved out. After working at a livery business for several year Eugene changes jobs. Moving up in business he landed a job as Credit Clerk with the Aitken. Son & Company. Aitkin was a well established, and growing, company in the city.
In 1873 Charles died suddenly. Eugene, his mother and the maid now move to a new apartment at 135 West 56th, just 3 blocks from Central Park. Eugene was a confirmed bachelor all his life and was dedicated to caring for his mother. He now also starts working a second job as Secretary for the Safety Co-operative Building, Loan and Savings Association.
In 1887 he becomes inventive. Window shades are now an interest to Eugene and he patents a new roller for them. His idea has a way the shades can be lowered to allow air flow over the top of them. It does not appear to have gone commercial. (Patent US381714A)
A popular New York City printed book may have become known to Eugene about this time. Advertised widely it was in its third printing at this time. It still remains available today. Its title is "Patience: A Series of Games with Cards" edited by Edna Dow Cheney. At the time it came with two decks of cards and sold for $1.50.
Ednah Dow Cheney was an American writer, reformer, and philanthropist. She was born on Beacon Hill, Boston, June 27, 1824; and was educated in private schools in Boston. Cheney served as secretary of the School of Design for Women in Boston from 1851 till 1854. She was a strenuous champion of the claims of African Americans to political and social justice. She advocated for religious toleration and the enfranchisement of women. She took an interest in social concerns such as the Freedman's Aid Society (served as secretary of the committee on aid for colored regiments and of the teachers' committee, 1863), Massachusetts Woman Suffrage Association (vice president), New England Women's Club (vice president) and the New England Hospital for Women and Children. As usual her contribution to playing cards is forgotten.
Ednah's book was a compilation of 34 games of Solitaire. Solitaire had made its earliest appearance in writing in about 1783 where it is described in a German book of games. It was described as a competitive card game where players would take turns or play with separate decks of cards. It is often called "Patience," especially in Britain. In France, the game is sometimes called "Success" (reussite). Other languages, such as Danish, Norwegian and Polish often use the word "Kabal" or "Kabala" (secret knowledge) to describe these games. Variations are played with more than one deck.
In 1893, probably while sitting around his apartment with his mother, he invents another variation of solitaire he names "Flinch". Thinking it might have commercial potential he has cards printed by a friend named Fred Myers. The game box was wrapped in plain paper without a name.
In 1893, probably while sitting around his apartment with his mother, he invents another variation of solitaire he names "Flinch". Thinking it might have commercial potential he has cards printed by a friend named Fred Myers. The game box was wrapped in plain paper without a name.
The next year he approached the game company of Selchow & Righter of New York City. They are located just two blocks away from Myers's printing company on Broadway. Selchow and Righter was best known for their games of Parcheesi and Scrabble. Their headquarters was based in Bay Shore on Long Island. Originally founded in 1867 by Elisha G. Selchow in 1880, to reflect their new partnership with John Righter, the company name was changed to Selchow and Righter.
Elisha Selchow arranged to have his son Frederick make some boxes in which to put up and sell the Flinch cards. Frederick also created a black box on which the word “Flinch” was printed. Elisha obtained the printed cards from Munger and arranged the cards for sale. Unfortunately, they did not meet with much success. On September 25, 1895, Elisha Selchow wrote Munger a letter, stating: “Your game of Flinch, I am sorry to say, has not been a success. We have not sold what we bought of you last year, and we made a cheaper edition, and even that does not sell. If I can see any way in which to dispose of the lot which you now have on hand at a lower price, I will communicate with you later."
Munger then kept a stock of the games in a closet in his house, and sold a few from time to time.
The game company still had a number of uncut sheets of the cards, which Munger had furnished them. These were afterwards cut up and used in the manufacture of another game called “Laughter." It was also a flop commercially.
Munger then kept a stock of the games in a closet in his house, and sold a few from time to time.
The game company still had a number of uncut sheets of the cards, which Munger had furnished them. These were afterwards cut up and used in the manufacture of another game called “Laughter." It was also a flop commercially.
Enter now Arthur James Patterson, Arthur was born in 1869 in Windsor, Eaton County, Michigan, near Lansing. In a strange twist his parents, Charles and Almira, were born in New York within a hundred miles of Saratoga Springs.
A. J., as he was usually known, moved from job to job in Grand Rapids and Chicago before he finally settled in Kalamazoo, Michigan. There he was a bookkeeper at the stationery store of Lyon, Beecher & Kymer. In 1899 it became Lyon, Kymer & Palmer. This company was headquartered in Grand Rapids, Michigan. A. J. did such a good job he soon became manger of the Kalamazoo store. It would soon be known as Beecher, Kymer & Patterson.
In 1901 A. J. somehow became acquainted with the game of "Flinch" and apparently enjoyed it. He started researching where it came from and how it started. Having no success he started producing it and sold it through his store. It instantly started becoming a success and word spread all the way to New York City. In 1902 Eugene Munger heard about someone selling his game. Contacting Patterson he informed him he was the owner of it, and objected to their manufacturing it without his consent. Thereupon they entered into negotiations which resulted in a contract with them for the sale and his rights to the game. Patterson immediately trademarked the name "Flinch" in 1902.
Unfortunately, Eugene profited very little. He died in March 1903. Shortly after his executrix (His sister Josephine) made a formal transfer of all his rights and ownership in the game. Including the trade-mark of the name “Flinch” which she thought existed.
Unfortunately, Eugene profited very little. He died in March 1903. Shortly after his executrix (His sister Josephine) made a formal transfer of all his rights and ownership in the game. Including the trade-mark of the name “Flinch” which she thought existed.
Now the game was selling so fast Patterson could not keep up with demand. Some stores put signs in their windows "No Flinch Today" to alert customers they had run out of the game. Word soon reached the Chaffee & Selchow Company. (Selchow & Righter had changed names in late 1895). They believed they owned the name and rights and were due proper compensation. On June 24, 1904 they took the new Flinch Card Company to court.
Chaffee & Selchow claimed since they had sold the game, and might even have some still in inventory (which they failed to prove), they owned the name "Flinch". Therefore, they should be compensated.
Patterson's argument was "The inventor of a game, by giving it a distinct name, and selling it under such name, may obtain a trade-mark in the name, though he never copyrighted or patented the game. The generic name of a thing is not the subject of a trade-mark." Munger had never patented, or copyrighted, the name. Thus, there was no infringement. Patterson had even announced in February 1903 in the trade magazines ""We beg to inform you that we have in preparation and shortly to be issued the old game of ‘Flinch,' the same which we formerly published under that title. We offer it to you at $36.00 per gross, (25 Cents a deck) and will guarantee that if prices go lower, we will, at our option, either meet the market price or take back the goods you have left.”
After reviewing the history of how both parties got to this point and their patent arguments the judge ruled; "It is not necessary in this case to decide whether the Flinch Card Company owns the trade-mark. It is sufficient to say that, in my opinion, the complainant, the H. B. Chaffee Manufacturing Company, never owned it. My conclusion is that the bill should be dismissed, with costs."
(The Federal Reporter, Vol 131, Sept-Oct 1904, page 543. Case was H. B. Chaffee Mfg. Co. vs. Selchow et al.)
I wonder if any of the original Munger Flinch games exist anywhere? Or even "Laughter". Either of those would be a great find.
The Flinch Card Company also put out two other card games at this time you may want to keep an eye out for. They were Bourse (aka Stock Market) and Competition (aka Department Store).
Chaffee & Selchow claimed since they had sold the game, and might even have some still in inventory (which they failed to prove), they owned the name "Flinch". Therefore, they should be compensated.
Patterson's argument was "The inventor of a game, by giving it a distinct name, and selling it under such name, may obtain a trade-mark in the name, though he never copyrighted or patented the game. The generic name of a thing is not the subject of a trade-mark." Munger had never patented, or copyrighted, the name. Thus, there was no infringement. Patterson had even announced in February 1903 in the trade magazines ""We beg to inform you that we have in preparation and shortly to be issued the old game of ‘Flinch,' the same which we formerly published under that title. We offer it to you at $36.00 per gross, (25 Cents a deck) and will guarantee that if prices go lower, we will, at our option, either meet the market price or take back the goods you have left.”
After reviewing the history of how both parties got to this point and their patent arguments the judge ruled; "It is not necessary in this case to decide whether the Flinch Card Company owns the trade-mark. It is sufficient to say that, in my opinion, the complainant, the H. B. Chaffee Manufacturing Company, never owned it. My conclusion is that the bill should be dismissed, with costs."
(The Federal Reporter, Vol 131, Sept-Oct 1904, page 543. Case was H. B. Chaffee Mfg. Co. vs. Selchow et al.)
I wonder if any of the original Munger Flinch games exist anywhere? Or even "Laughter". Either of those would be a great find.
The Flinch Card Company also put out two other card games at this time you may want to keep an eye out for. They were Bourse (aka Stock Market) and Competition (aka Department Store).
I would like to thank William Jones of CardCow.com for Eugene H Munger's photograph.