Caswell v. . Davis
New York Court of Appeals
Appeal from judgment of the Court of Common Pleas for the city and county of Mew York, affirming a judgment in favor of defendant entered upon the report of a referee. This was an action to restrain defendant from the use of words claimed by plaintiffs as a trade mark.
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Appeal from judgment of the Court of Common Pleas for the city and county of Mew York, affirming a judgment in favor of defendant entered upon the report of a referee. This was an action to restrain defendant from the use of words claimed by plaintiffs as a trade mark. The referee found the following facts: That plaintiffs were carrying on the drug business, in the city of Mew York, under the firm name of Caswell, Mack & Co., they being successors and assignees of the firm of Caswell, Mack & Co. That during the year 1860, and for some time thereafter, the defendant was in the employ of said…
1Opinion of the CourtFolger, J.
It is important first to determine just what is before us for adjudication on this appeal.
It is an appeal upon the law alone, from a judgment of the General Term, affirming a judgment entered upon the report of a referee. It of course brings up only questions of law; and we cannot, in our examination thereof, go outside of the exceptions taken; nor can we in this case consider all of the exceptions taken therein. Some of them are to the refusals of the learned referee to make certain findings of fact at the request of the plaintiffs: These exceptions present no question for review in this…
2Cases cited6 opinions
- Canal Co. v. ClarkSupreme Court of the United States · 1872
- Amoskeag Manufacturing Co. v. SpearThe Superior Court of New York City · 1849
- Fetridge v. WellsThe Superior Court of New York City · 1857
- Rogers v. . WheelerNew York Court of Appeals · 1873
- Newman v. . FrostNew York Court of Appeals · 1873
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3Cited by55 opinions
- McLean v. FlemingSupreme Court of the United States · 1878
- Neva-Wet Corp. of America, Inc. v. Never Wet Processing Corp.New York Court of Appeals · 1938
- Gilman v. HunnewellMassachusetts Supreme Judicial Court · 1877
- Koehler v. . SandersNew York Court of Appeals · 1890
- American Safety Table Co. v. SchreiberCourt of Appeals for the Second Circuit · 1959
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