Strasser v. . Moonelis
New York Court of Appeals
Appeal from order of the General Term of the Superior Court of the city of New York, dated December 6, 1887, which affirmed an order of the Special Term granting a preliminary injunction. This action was brought to restrain the defendant from attaching to or using certain labels, or imitations thereof, upon boxes containing cigars manufactured and sold by him.
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Appeal from order of the General Term of the Superior Court of the city of New York, dated December 6, 1887, which affirmed an order of the Special Term granting a preliminary injunction. This action was brought to restrain the defendant from attaching to or using certain labels, or imitations thereof, upon boxes containing cigars manufactured and sold by him. An order granting a preliminary injunction was made at the Special Term upon pleadings and affidavits, which presented a controverted state of facts.' There were no findings of fact to show the particular grounds upon which the order…
1Opinion of the Court
Huger, Oh. J.
The defendant appeals from an order of the General Term of the Superior Court of Hew York, affirming an order of the Special Term, enjoining the defendant from attaching to or using certain labels, or imitations thereof, upon boxes containing cigars manufactured and sold by him.
The order was granted upon pleadings and affidavits presenting a controverted state of facts, and, so far as the question depends upon such facts, we must assume that the court below proceeded upon the theory that the plaintiffs’ version was correct. Upon this assumption it is quite clear that the order…
2Cases cited2 opinions
- Tilton v. . BeecherNew York Court of Appeals · 1874
- Selchow v. . BakerNew York Court of Appeals · 1883
3Cited by7 opinions
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- J. A. Preston Corp. v. Fabrication Enterprises, Inc.New York Court of Appeals · 1986
- Brydon v. City of Hermosa BeachCalifornia Court of Appeal · 1928
- Schneider v. . City of RochesterNew York Court of Appeals · 1898
- In re BridgfordNew York Supreme Court · 1892
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