Mackenzie v. Soden Mineral Springs Co.
New York Supreme Court
Action by Sir Morell Mackenzie against the Soden Mineral Springs Company and the Eisner & Mendelson Company to enjoin defendants from using plaintiff’s name as an advertisement on certain medicine, and for damages by reason of such use of his name. Plaintiff moves to continue an ex parte injunction. The complaint was as follows: “The plaintiff above named complains of the defendants, and alleges: “First.
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Action by Sir Morell Mackenzie against the Soden Mineral Springs Company and the Eisner & Mendelson Company to enjoin defendants from using plaintiff’s name as an advertisement on certain medicine, and for damages by reason of such use of his name. Plaintiff moves to continue an ex parte injunction. The complaint was as follows: “The plaintiff above named complains of the defendants, and alleges: “First. That plaintiff is a physician and surgeon residing in London, England, and practicing his profession there and elsewhere; that plaintiff, for his. attainments and services in the cause of…
1Opinion of the CourtTruax, J.
A motion having heretofore been made on behalf of the plaintiff for an order of injunction during the pendency of this action, or until the *249further order of the court, now, on reading and filing the complaint herein, verified the 17th day of July, 1891, and the affidavits of Simon Sterne, verified the 16th day of June, 1891, Clarence C. Eiee, M. D., verified the 17th day of June, 1891, Morell Mackenzie, verified the 30th day of June, 1891, and of Norbert Heinsheimer, verified the 9th day of July, 1891, in support, and the ■affidavits of Moritz Eisner, verified the 22d day of June, 1891, and…
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