W. A. Gaines & Co. v. E. Whyte Grocery, Fruit & Wine Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — No». W.' B. Teasdale, Judge. (1) Under the facts of this case, which are undisputed'in relation to the defendant’s continuous use of the words “Old Crow” upon their labels for a period of twenty-three years, the statute of limitations is a complete defense to the plaintiff’s action. Our statute applies to all civil actions, whether legal or equitable. Rogers v. Brown, 61 Mo. 192; Hunter v. Hunter, 50. Mo. 445; White v. Pendry, 25 Mo.
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Appeal from Jackson Circuit Court. — No». W.' B. Teasdale, Judge. (1) Under the facts of this case, which are undisputed'in relation to the defendant’s continuous use of the words “Old Crow” upon their labels for a period of twenty-three years, the statute of limitations is a complete defense to the plaintiff’s action. Our statute applies to all civil actions, whether legal or equitable. Rogers v. Brown, 61 Mo. 192; Hunter v. Hunter, 50. Mo. 445; White v. Pendry, 25 Mo. App. 542; Gordon v. Lewis, 88 Mo. 381; Reed v. Painter, 145 Mo. 341. (2) The statute applies to actions for the infringement…
1Opinion of the CourtSmith, P. J.
The plaintiff and defendant are both business corporations, the former, organized under the statute of this State and the latter under that of the State of Kentucky. The plaintiff in its petition alleged, (1), that it was and is the owner of a special trade-mark for “Old Crow” whiskey, which defendant had infringed and was infringing; and (2), that by the use of the words “Old Crow” upon bottles containing whiskey other than the genuine “Old Crow” whiskey produced by plaintiff which it offered to the trade, defendant thereby carried on such unfair trade and competition as entitled plaintiff…
2Cases cited36 opinions
- McLean v. FlemingSupreme Court of the United States · 1878
- Menendez v. HoltSupreme Court of the United States · 1888
- Saxlehner v. Eisner & Mendelson Co.Supreme Court of the United States · 1900
- Badger v. BadgerSupreme Court of the United States · 1865
- Coats v. Merrick Thread Co.Supreme Court of the United States · 1893
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3Cited by11 opinions
- Rosenburg v. Fremont Undertaking Co.Washington Supreme Court · 1911
- Missouri Federation of the Blind v. National Federation of the Blind of Missouri, Inc.Missouri Court of Appeals · 1973
- Bank of Brimson v. GrahamSupreme Court of Missouri · 1934
- Luxor Cab Manufacturing Corp. v. Leading Cab Co.New York Supreme Court · 1925
- Burrell v. MichauxCourt of Appeals of Texas · 1925
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