Blackwell's Durham Tobacco Co. v. American Tobacco Co.
Supreme Court of North Carolina
Civil action; appeal by plaintiff from an order entered by Biggs, resident Judge, at chambers, in Duei-iaM County, on C July, 1907, quashing an order, or subpoena, made by Justice, J., at chambers in Greensboro, requiring the defendants and the president and secretary of the corporations defendant to testify and produce documents before a commissioner named in the order.
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Civil action; appeal by plaintiff from an order entered by Biggs, resident Judge, at chambers, in Duei-iaM County, on C July, 1907, quashing an order, or subpoena, made by Justice, J., at chambers in Greensboro, requiring the defendants and the president and secretary of the corporations defendant to testify and produce documents before a commissioner named in the order. This action is brought by plaintiff against defendants, American Tobacco Company, Blackwell’s Durham Tobacco Company (of New Jersey), C. "W. Toms, W. W. Elowers, George W. Watts and D. W. Andrews. So much of the complaint as…
1Opinion of the Court
CoNNOR, J.,
after stating the case: Plaintiff’s right to equitable relief by way of injunction depends upon the maintenance of several propositions. The learned counsel, in his argument before us, insists that, by its charter and organization, “for the purpose.of buying, manufacturing and selling smoking tobacco in its various forms, at Durham, within the county of Durham,” plaintiff acquired a property right in the corporate name, “Blackwell’s Durham Tobacco Company”; that defendant company, of the same corporate name, chartered and organized in the State of New Jersey, by “engaging in the…
2Cases cited18 opinions
- Bank of Augusta v. EarleSupreme Court of the United States · 1839
- Elgin National Watch Co. v. Illinois Watch Case Co.Supreme Court of the United States · 1901
- Brown Chemical Co. v. MeyerSupreme Court of the United States · 1891
- Chas. S. Higgins Co. v. Higgins Soap Co.New York Court of Appeals · 1895
- Fritts v. PalmerSupreme Court of the United States · 1889
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