Legal Opinion

R. J. Horner & Co. v. Lawrence

New York Supreme Court

Decided June 15, 1914PublishedCited by 2 opinions

Demurrer to separate defenses.

1Opinion of the CourtErlanger, J.

Each of the four separate defenses, to which the plaintiff demurs, is, in my opinion, insufficient. The action is brought to protect the plaintiff corporation in its right to the exclusive use of the name “Flint’s Fine Furnture,” which right it acquired through the purchase of the good-will, trade-name and trade-mark of the George 0. Flint Company under a sale in proceedings for the dissolution of that corporation. For a first separate defense these defendants set up a conspiracy upon the part of several persons named, not parties, having for its object the sacrificing of the assets of the…

2Cases cited3 opinions

  1. Farmers' Loan & Trust Co. v. New York & Northern Railway Co.New York Court of Appeals · 1896
  2. Barr v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1891
  3. Metropolitan Telephone & Telegraph Co. v. Metropolitan Telephone & Telegraph Co.Appellate Division of the Supreme Court of the State of New York · 1913

3Cited by2 opinions

  1. Haas v. CommissionerUnited States Tax Court · 1953
  2. R. J. Horner & Co. v. LawrenceAppellate Division of the Supreme Court of the State of New York · 1915

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