Smith v. Yost
Indiana Court of Appeals
From Marshal Circuit Court; Smith N. Stevens, Judge. Action by Noah N. Smith against William B. Yost. From a judgment for defendant, the plaintiff appeals.
1Opinion of the CourtBatman, C. J.
—Appellant instituted this action-against appellee on December 8, 1915, to enjoin the latter from using the word “Bankable,” as a trade name, or as a part of a trade name, for cigars, and to recover damages for a prior use thereof by appellee. Appellant’s complaint consists of six paragraphs, but the fourth paragraph was withdrawn. Appellee filed demurrers to each of the other paragraphs for want of facts, all of which were sustained. Appellant refused to plead further, and judgment was thereupon rendered against him for costs. He is now prosecuting this appeal, and has assigned the action of…
2Cases cited16 opinions
- Falk v. . American West Indies Trading Co.New York Court of Appeals · 1905
- Weener v. BraytonMassachusetts Supreme Judicial Court · 1890
- Witthaus v. BraunCourt of Appeals of Maryland · 1876
- Board of Commissioners v. Cincinnati Steam Heating Co.Indiana Supreme Court · 1891
- Seabrook v. GrimesCourt of Appeals of Maryland · 1908
11 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Phend v. Midwest Engineering & Equipment Co.Indiana Court of Appeals · 1931
- Ritchey v. GerardNew Mexico Supreme Court · 1944
- Simpson v. FullerIndiana Court of Appeals · 1943
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. Fort Wayne & Northern Indiana Traction Co.Indiana Supreme Court · 1923
- Fuqua v. Merchants Loan & Savings Ass'nIndiana Court of Appeals · 1944
3 more not listed; retrieve them via the Exa API.