Lampert v. Judge & Dolph Drug Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Warwick Rough, Judge. (1) The appellants’ demurrer to the respondent’s evidence should have been sustained. In cases of mere refilling or substitution like this one, the courts do not permit damages of any sort. As far as they will go is to issue a restraining order without costs.
Read the full summary
Appeal from St. Louis City Circuit Court. — Eon. Warwick Rough, Judge. (1) The appellants’ demurrer to the respondent’s evidence should have been sustained. In cases of mere refilling or substitution like this one, the courts do not permit damages of any sort. As far as they will go is to issue a restraining order without costs. Barnett v. Leuchas (boxes of Pharaoh’s serpents), 18 L. T. N. S. 495; Saxlehner v. Eisner & M'endelson Co., 88 Fed. 61; Saxlehner v. Sigel, Cooper & Co., 88 Fed. 61; Saxlehner v. Margret, 88 Fed. 61. (2) The appellants are entitled to have the judgment herein set…
1Opinion of the CourtBland, P. J.
Plaintiff is_ a manufacturer of cigars, which he sells under the name “Flor de Lampert,” and uses therewith a picture of himself as a trade-mark. The defendant, Judge & Dolph Drug Company, is a corporation and conducts a drug store, in the city of St. Louis, in which it has a cigar department. Defendant Taylor is an employee of the corporation and head clerk or salesman in the cigar department.
The substánce of the petition is that plaintiff had been engaged in the business of manufacturing cigars under the above name, in the city of St. Louis, and selling them to the trade in said city for a…
2Cases cited15 opinions
- Day v. WoodworthSupreme Court of the United States · 1852
- Denver & Rio Grande Railway v. HarrisSupreme Court of the United States · 1887
- Kennedy v. North Missouri RailroadSupreme Court of Missouri · 1865
- Perkins v. Mo., K. & T. R. R.Supreme Court of Missouri · 1874
- State v. SansoneSupreme Court of Missouri · 1893
10 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Lampert v. Judge & Dolph Drug Co.Supreme Court of Missouri · 1911
- Wilson v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1912
- Lo Buono v. Viviano & Bros.Missouri Court of Appeals · 1917