Legal Opinion

Matchett v. Lindberg

Appellate Division of the Supreme Court of the State of New York

Decided March 15, 1896PublishedCited by 3 opinions

Appeal by the plaintiff, James J. Hatchett, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Hew York on the 28th day of March, 1895, upon the decision of the court rendered after a trial at the Hew York Special .Term. .

1Opinion of the Court

Rumsey, J.:

The action was brought to restrain the use of the plaintiff’s trade mark by the defendant, and for damages. ■ After- evidence had been given upon both sides, the court dismissed the complaint, and from the judgment entered upon that decision this appeal is taken.

But two exceptions are found in the case and each of these is -an exception to the ruling of the court upon the admission or rejection of evidence. We have examined the rulings of the court in each case, and each of them was clearly -correct.

The decision in this case, as filed, contains a finding of fact and a conclusion of…

2Cases cited1 opinion

  1. Upington v. PoolerNew York Supreme Court · 1892

3Cited by3 opinions

  1. Hill v. WhiteAppellate Division of the Supreme Court of the State of New York · 1899
  2. Hill v. WhiteAppellate Division of the Supreme Court of the State of New York · 1899
  3. Strobel v. Kerr Salt Co.Appellate Division of the Supreme Court of the State of New York · 1897

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