Genin v. Chadsey
The Superior Court of New York City
Motion for a stay on appeal. This was an action brought to restrain the defendants from using the name or motto “ Live and Let Live” upon the signs at their refreshment saloon, No. 212 Broadway, on the ground that it was an infringement on the plaintiff’s right to the sole use of the name in that vicinity; such name having been kept up at his saloon No. 214 Broadway, for many years.
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Motion for a stay on appeal. This was an action brought to restrain the defendants from using the name or motto “ Live and Let Live” upon the signs at their refreshment saloon, No. 212 Broadway, on the ground that it was an infringement on the plaintiff’s right to the sole use of the name in that vicinity; such name having been kept up at his saloon No. 214 Broadway, for many years. The plaintiff obtained a temporary injunction, and the defendants having appealed to the general term, made a motion for a stay of proceedings until the appeal could be heard.
1Opinion of the CourtHoffman, J.
—This is a motion to stay proceedings upon an order granting an injunction.
The appeal in this case is expressly authorized by subdivision 1, of section 349.
*70No appeal taken under that section operates as a stay of proceedings ; and no security is requisite.
But the power of the court to grant a stay upon terms, is as applicable to cases of appeal from orders granting an injunction as to any orders. (4 Abbotts' Pr., 285.)
In Howe a. Searing, Superior Court, General Term, June, 1860, the subject was examined, and the power recognized. It was held, that where the general term had affirmed a…
2Cited by2 opinions
- Christy v. LibbyNew York Supreme Court · 1867
- Sixth Avenue Railroad v. Gilbert Elevated Railway Co.The Superior Court of New York City · 1877