Legal Opinion

McNamara v. Powell

Appellate Division of the Supreme Court of the State of New York

Decided March 15, 1939PublishedCited by 20 opinions

1Opinion of the CourtCunningham, J.

The plaintiff was employed by the defendant Powell, who was engaged in the manufacture of automobile mufflers. The plaintiff in his complaint alleges that he thought of a new design for mufflers and in confidence explained the same to the defendant Powell.

The complaint asks for an injunction restraining the defendants from manufacturing, using or selling a muffler made as designed by plaintiff, and for damages. The defendants moved to dismiss the complaint upon the grounds, first, that previous judgments had been granted which concluded the plaintiff from maintaining this action; second, that…

2Cases cited16 opinions

  1. Schuylkill Fuel Corp. v. B. & C. Nieberg Realty Corp.New York Court of Appeals · 1929
  2. Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
  3. United States v. Dubilier Condenser CorpSupreme Court of the United States · 1933
  4. Smith v. BollesSupreme Court of the United States · 1889
  5. United States v. Milwaukee Refrigerator Transit Co.U.S. Circuit Court for the District of Eastern Wisconsin · 1905

11 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. In re the Accounting of RafteryNew York Court of Appeals · 1956
  2. Shire Realty Corp. v. SchorrAppellate Division of the Supreme Court of the State of New York · 1977
  3. Ben Construction Corporation v. The United StatesUnited States Court of Claims · 1963
  4. Queenie, Ltd. v. Nygard InternationalCourt of Appeals for the Second Circuit · 2003
  5. Dysart v. Remington Rand, Inc.District Court, D. Connecticut · 1941

15 more not listed; retrieve them via the Exa API.

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