Saxlehner v. Eisner & Mendelson Co.
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the Southern District of New York. On appeal by defendant from the final decree of the Circuit Court for the Southern District of New York, entered January 15, 1904, which confirmed the master’s report, awarding $29,793.86 profits to the complainant, and directed the defendant to pay said amount, together with interest, costs, master’s fees and disbursements, amounting in the aggregate to $31,874.36. The report of the…
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Appeal from the Circuit Court of the United States for the Southern District of New York. On appeal by defendant from the final decree of the Circuit Court for the Southern District of New York, entered January 15, 1904, which confirmed the master’s report, awarding $29,793.86 profits to the complainant, and directed the defendant to pay said amount, together with interest, costs, master’s fees and disbursements, amounting in the aggregate to $31,874.36. The report of the master contains the following conclusion: “I am not convinced that the items under the head of ‘traveling expenses,’…
1Opinion of the CourtCoxe, Circuit Judge
(after stating the facts). The two propositions principally relied upon by the defendant are:
First. That the recovery should be limited to the specific profits derived from the use of the red and blue label as distinguished from the use of the name “Hunyadi,” the capsule and the size and shape of the bottle. As no testimony has been adduced showing the proportion of profits attributable to the label alone it is argued that nominal damages only can be recovered.
*24Second. That the master erred in charging the traveling expenses and salaries of salesmen employed by the defendant to the general…
2Cases cited1 opinion
- Saxlehner v. Eisner & Mendelson Co.Supreme Court of the United States · 1900
3Cited by2 opinions
- Modesto Creamery v. Stanislaus Creamery Co.California Supreme Court · 1914
- William Wrigley, Jr. Co. v. L. P. Larson, Jr. Co.District Court, N.D. Illinois · 1925