Cigar-Makers' Protective Union v. Conhaim
Supreme Court of Minnesota
Appeal by defendants from an order of the district court for Ramsey county, Simons, J., presiding, overruling a demurrer to the complaint. The grounds of demurrer were (1) failure to state a cause of action; (2) plaintiff’s want of legal capacity to sue, and (3) defect of parties plaintiff.
1Opinion of the CourtGileillan, C. J.
This case stands on a demurrer to the complaint. The only ground of demurrer necessary to consider is that the complaint does not state facts sufficient to constitute a cause of action. Whatever may be said or thought of the conduct of the defendants, in the matter of honesty and good morals, in using the peculiar symbol adopted by the plaintiff and those it represents, to indicate the goods manufactured by them, the case must be decided on considerations of strict legal right of the plaintiff in that symbol as a thing of property.
*244From the allegations of the complaint it appears that…
2Cases cited5 opinions
- Canal Co. v. ClarkSupreme Court of the United States · 1872
- Stokes v. LandgraffNew York Supreme Court · 1853
- Derringer v. PlateCalifornia Supreme Court · 1865
- Congress and Empire Spring Co. v. High Rock Congress Spring Co.New York Supreme Court · 1867
- Lockwood v. BostwickNew York Court of Common Pleas · 1869
3Cited by12 opinions
- Weener v. BraytonMassachusetts Supreme Judicial Court · 1890
- Goddard, Inc. v. Henry's Foods, Inc.District Court, D. Minnesota · 2003
- Rodseth v. Northwestern Marble WorksSupreme Court of Minnesota · 1915
- Direct Service Oil Co. v. HonzaySupreme Court of Minnesota · 1941
- Standard Clothing Co. v. WolfSupreme Court of Minnesota · 1944
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