Hohenstein v. Perelstine
Superior Court of Pennsylvania
Appeal, No. 37, April T., 1908, by defendants, from decree of C. P. No. 2, Allegheny Co., Jan. T., 1906, No. 71, on bill in equity in case of Isaac Hohenstein and Louis Jacobson, trading at The Griswold Shoe Company, v. Abraham Perelstine et al. Bill in equity for an injunction.
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Appeal, No. 37, April T., 1908, by defendants, from decree of C. P. No. 2, Allegheny Co., Jan. T., 1906, No. 71, on bill in equity in case of Isaac Hohenstein and Louis Jacobson, trading at The Griswold Shoe Company, v. Abraham Perelstine et al. Bill in equity for an injunction. Miller, J., specially presiding, filed the following opinion: The bill is to restrain the defendants from advertising and selling a shoe known as the Carter shoe, or the Captain Carter Foot Form Shoe, alleging that it is an attempt to infringe upon plaintiffs’ trade-mark, and an attempt to deceive by selling said shoe…
1Opinion of the Court
Opinion by
Head, J.,
In reviewing the record of an appeal from a decree in equity it is not our province to find, for ourselves, the facts from the testimony as it appears on the printed pages of the paper-books. When we have ascertained that the conclusions of *546fact reached by the trial court rest upon sufficient evidence and the record discloses no manifest error in their deduction from the evidence, our duty in this respect has been fully discharged.
There was evidence that one David Carter had been engaged, for perhaps twenty-five years, in the retail shoe trade in the city of Pittsburg. That…
2Cases cited1 opinion
- Juan F. Portuondo Cigar Manufacturing Co. v. Vicente Portuondo Cigar Manufacturing Co.Supreme Court of Pennsylvania · 1908
3Cited by5 opinions
- United Drug Co. v. KovacsSupreme Court of Pennsylvania · 1924
- E. T. Fraim Lock Co. v. ShimerSuperior Court of Pennsylvania · 1910
- Standard Cigar Co. v. GoldsmithSuperior Court of Pennsylvania · 1914
- Melown Et Ux. v. Penn Real Est. Co.Superior Court of Pennsylvania · 1935
- Risser v. Mellott, Pennsylvania Court of Common Pleas, Bedford County1942