Cutter v. . Gudebrod Brothers Co.
New York Court of Appeals
Cross-appeals from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered February 27, 1900, modifying and affirming as modified a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was brought to obtain an injunction restraining the defendant from manufacturing and selling spool silk, stamped or marked with the name of the plaintiff, and for an accounting and damages.
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Cross-appeals from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered February 27, 1900, modifying and affirming as modified a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was brought to obtain an injunction restraining the defendant from manufacturing and selling spool silk, stamped or marked with the name of the plaintiff, and for an accounting and damages. The trial court correctly determined that Hr. Cutter never assigned any right to stamp his name, John D. Cutter, or that of…
1Opinion of the Court
Per Cwriam.
The Appellate Division modified the judgment recovered by the plaintiff in this action and incorporated in its order findings of fact and conclusions of law, for the reason therein assigned, that the trial justice having “ filed his decision stating concisely the grounds upon which the issues in the case were decided by him,” it appeared that “ the case was one in which findings of fact should be made.” We think this practice is without authority in the Code of Civil Procedure, whose provisions limit the functions of the Appellate Division, upon an appeal from a judgment or an…
2Cited by8 opinions
- Van Winkle v. . Van WinkleNew York Court of Appeals · 1906
- Duclos v. . KelleyNew York Court of Appeals · 1909
- Pfaudler v. Pfaudler Co.New York Supreme Court · 1921
- Waterproofing Co. v. Hydrolithic Cement Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Kelly v. BuckAppellate Division of the Supreme Court of the State of New York · 1911
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