Hygeia Distilled Water Co. v. Hygeia Ice Co.
Supreme Court of Connecticut
Action to restrain the defendant from using the word “ Hygeia ” in its corporate name or otherwise, in connection with the manufacture and sale of ice, distilled water and beverages made therefrom, and for damages, brought to the Superior Court in New Haven County and tried to the court, Prentice, J.; facts found and judgment rendered for the plaintiff upon the second count of the complaint, and appeal by the defendant for alleged errors in the rulings and findings of the…
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Action to restrain the defendant from using the word “ Hygeia ” in its corporate name or otherwise, in connection with the manufacture and sale of ice, distilled water and beverages made therefrom, and for damages, brought to the Superior Court in New Haven County and tried to the court, Prentice, J.; facts found and judgment rendered for the plaintiff upon the second count of the complaint, and appeal by the defendant for alleged errors in the rulings and findings of the court. This case was before this court at a former term, 70 Conn. 516, where the pleadings are sufficiently set forth. In…
1Opinion of the CourtHamebsley, J.
The defendant is not entitled to have the finding of facts corrected as requested. The facts which it requested the court to find are not admitted or undisputed facts, nor is it claimed that such facts were found without any evidence, nor does it appear that the evidence certified as to these facts embraces all the evidence adduced with reference to them. Under repeated decisions of this court, the finding, under these circumstances, must stand as made.
The denial of the motion for leave to file additional defenses to the first and third counts of the complaint did the defendant no harm. The…
2Cases cited7 opinions
- Canal Co. v. ClarkSupreme Court of the United States · 1872
- Prout v. StarrSupreme Court of the United States · 1903
- American Waltham Watch Co. v. United States Watch Co.Massachusetts Supreme Judicial Court · 1899
- Caswell v. . DavisNew York Court of Appeals · 1874
- Hygeia Distilled Water Co. v. Hygeia Ice Co.Supreme Court of Connecticut · 1898
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Middletown Trust Co. v. Middletown National BankSupreme Court of Connecticut · 1929
- Grayson v. DurantSupreme Court of Oklahoma · 1914
- Consolidated Ice Co. v. Hygeia Distilled Water Co.Court of Appeals for the Third Circuit · 1907
- Lo Buono v. Viviano & Bros.Missouri Court of Appeals · 1917
- Goodyear Tire & Rubber Co. v. Topps of Hartford, Inc.District Court, D. Connecticut · 1965
3 more not listed; retrieve them via the Exa API.