Merrimack Manufacturing Co. v. Garner
New York Court of Common Pleas
Appeal from an order at special term, denying a motion to vacate an injunction. This action was brought by the Merrimack Manufacturing-Company against Thomas Garner, Darius B. Mangara, and L. Mortimer Thorn.
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Appeal from an order at special term, denying a motion to vacate an injunction. This action was brought by the Merrimack Manufacturing-Company against Thomas Garner, Darius B. Mangara, and L. Mortimer Thorn. The complaint stated that the plaintiffs were a corporation established at Lowell, Mass., and engaged in the manufacture of cotton goods, known as “prints —that their goods had acquired a high reputation; — that they had been accustomed, since their incorporation in 1822, to use upon the prints manufactured by them, certain tickets or trade marks, varying somewhat in form and device, but…
1Opinion of the Court
Woodküff, J.
After a careful consideration of the subject, and an examination of the authorities* upon which counsel relied on the argument, my conclusions are; — ■
First. That the plaintiff is not at liberty to read affidavits on the motion to dissolve the injunction, to support the allegations in the complaint, and the affidavits which were presented on the argument have been therefore excluded. Whether in a case in which the defence rests upon new matter set up in the answer in avoidance of the facts charged in the complaint, but admitting the charges to be true, the answer may be regarded…
2Cases cited1 opinion
- Manchester v. DeyNew York Court of Chancery · 1837
3Cited by1 opinion
- Gilman v. HunnewellMassachusetts Supreme Judicial Court · 1877