Nathan Manufacturing Co. v. Edna Smelting & Refining Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Edna Smelting and Refining Company from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 13th day of August, 1908, denying the said defendant’s motion to vacate part of a judgment entered in said clerk’s office on the 23d day of May, 1908.
1Opinion of the Court
Houghton, J.:
Plaintiff brought action against thé appellant Edna Smelting and Refining Company and the H. A. Rogers Company, its agent, to restrain them from infringing the plaintiff’s trade mark and from carrying on unfair competition. The Rogers Company was served with' process and answered, but the Edna Smelting and Refining Company was not served with process. The trial proceeded without such service, and during its progress the plaintiff elicited the fact that the Edna Company had indemnified the Rogers Company against the consequences of the litigation, and had employed counsel who…
2Cited by1 opinion
- Nathan Manufacturing Co. v. Edna Smelting & Refining Co.Appellate Division of the Supreme Court of the State of New York · 1909