Beardsley v. Kilmer
Appellate Division of the Supreme Court of the State of New York
• Appeal by the plaintiff, Guy W. Beardsley, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Broome on the 14th day of October, 1916, upon the dismissal of the complaint by direction of the court at the close of the plaintiff’s case.
1Opinion of the Court
H. T. Kellogg, J.:
This action is novel in character. The plaintiff was editor, manager and part owner of a newspaper, known as the Evening Herald, which was published in Binghamton, N. Y. The defendant Willis Sharpe Kilmer and his father, Jonas M. Kilmer, were the owners of the business of “ Dr. Kilmer and Company,” which manufactured and sold a certain kidney remedy known as “ Swamp Root.” These gentlemen, through extensive advertisement, business genius and, perhaps, through the intrinsic merit of the drug, marketed “ Swamp Root ” through a series of years with remarkable success. They…
2Cases cited8 opinions
- Andrew J. Aikens v. State of WisconsinSupreme Court of the United States · 1904
- Brackett v. . GriswoldNew York Court of Appeals · 1889
- Lamb v. S. Cheney & SonNew York Court of Appeals · 1920
- Plant v. WoodsMassachusetts Supreme Judicial Court · 1900
- Morris v. . TuthillNew York Court of Appeals · 1878
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3Cited by4 opinions
- Hadley v. Southwest Properties, Inc.Arizona Supreme Court · 1977
- 348-352 West 27th Street Corp. v. DropkinNew York Supreme Court · 1942
- Carroll Building Corp. v. Louis Greenberg Plumbing Supplies, Inc.Appellate Division of the Supreme Court of the State of New York · 1926
- Donovan v. Board of ElectionsNew York Supreme Court · 1971