Estes v. Worthington
U.S. Circuit Court for the District of Southern New York
In Equity. Bill for injunction and an accounting.
1Opinion of the Court
'Wallace, J.
Tho plea which Las been set down for argument must be overruled, because the plea of another suit pending is good only when the first suit is between all the same parlies, and a full decree can bo had therein respecting tho matters of the second suit. Neither of these conditions exist in the present case. The bill alleges that the several defendants, including Richard Worthington, have been guilty of joint acts of infringement of the complainant’s trade-mark, and it prays for an injunction and an accounting against all the defendants. Tho plea avers the pendency of another suit…
2Cases cited7 opinions
- Mitchell v. HarmonySupreme Court of the United States · 1852
- Wright v. J. & S. WilcoxNew York Supreme Court · 1838
- Phelps v. . WaitNew York Court of Appeals · 1864
- Richardson v. KimballSupreme Judicial Court of Maine · 1848
- Hotchkiss v. LothropNew York Supreme Court · 1806
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Sullivan v. Associated Billposters & Distributors of United States & CanadaCourt of Appeals for the Second Circuit · 1925
- L. E. Waterman Co. v. Standard Drug Co.Court of Appeals for the Sixth Circuit · 1913
- Mergenthaler Linotype Co. v. RidderU.S. Circuit Court for the District of Southern New York · 1895
- New Wrinkle, Inc. v. FritzDistrict Court, W.D. New York · 1939
- Carson v. GreeleyNebraska Supreme Court · 1922
7 more not listed; retrieve them via the Exa API.