Weston v. Ketcham
The Superior Court of New York City
Appeal by defendants from a judgment, and from an order at special term, denying a motion for a new trial. The action was commenced in March, 1874, for a perpetual injunction to restrain the defendants from using a trade-mark, to wit, “Captain S. Pepper’s Extra Signal Oil,” and for damages for their alleged previous wrongful use of the same.
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Appeal by defendants from a judgment, and from an order at special term, denying a motion for a new trial. The action was commenced in March, 1874, for a perpetual injunction to restrain the defendants from using a trade-mark, to wit, “Captain S. Pepper’s Extra Signal Oil,” and for damages for their alleged previous wrongful use of the same. The findings of the judge were as follows : 1. That Simeon Pepper in his life time with the aid of his wife Abbie A. Pepper, and of George N. Weston, one of the plaintiffs, experimented for the purpose, and succeeded, in compounding and manufacturing an…
1Concurrence
Freedman, J. (concurring).
I concur in the reversal of the judgment for the reasons stated by my brother Curtis.
The defendants also appealed from an order denying their motion for a new trial. The motion was based on the case and exceptions, and it was addressed to a special term of this court, not held by the judge who had tried the case. The grounds of the motion were that the judgment is excessive and contrary to the law and the evidence of the case. Consequently, the object of the motion was to obtain a review on the merits, of the decision of the first judge on a trial of -an issue of…
2Cases cited2 opinions
- Watson v. ScrivenNew York Supreme Court · 1852
- Malloy v. WoodThe Superior Court of New York City · 1856