Elgin Nat. Watch Co. v. Loveland
U.S. Circuit Court for the District of Northern Iowa
In Equity. Bill to restrain unfair competition in trade. Submitted on demurrer to the bill and motion of complainant for preliminary injunction. The bill was filed February 23, 1904, and therein it is alleged in substance: “That complainant is a corporation duly incorporated in 1865 under the laws of the state of Illinois.
Read the full summary
In Equity. Bill to restrain unfair competition in trade. Submitted on demurrer to the bill and motion of complainant for preliminary injunction. The bill was filed February 23, 1904, and therein it is alleged in substance: “That complainant is a corporation duly incorporated in 1865 under the laws of the state of Illinois. That its name first was ‘The National Watch Company,’ which, in 1874, was changed to the ‘Elgin National Watch Company’. That by its charter it is empowered to manufacture, purchase, and sell watches, docks, jewelry, and parts and materials for the manufacture thereof. That…
1Opinion of the Court
REED, District Judge (after stating the facts).
1. The only-ground of the demurrer that need be considered is that the Elgin Jewelry Company is an indispensable party to the suit — in fact, is the real party in interest; that it is a corporation of the same state of the complainant; and the court is without, and cannot acquire, jurisdiction of the controversy. If that company is in fact a corporation, and an indispensable party to the suit, it may be conceded that this ground of the demurrer is well taken. The articles of incorporation, of that company and the certificate of the Secretary of…
2Cases cited21 opinions
- Belknap v. SchildSupreme Court of the United States · 1896
- Bates v. ClarkSupreme Court of the United States · 1877
- French Republic v. Saratoga Vichy Spring Co.Supreme Court of the United States · 1903
- Shaver v. Heller & Merz Co.Court of Appeals for the Eighth Circuit · 1901
- Loverin v. McLaughlinIllinois Supreme Court · 1896
16 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- British-American Tobacco Co. v. British-American Cigar Stores Co.Court of Appeals for the Second Circuit · 1914
- Gano v. GanoSupreme Court of Georgia · 1948
- Bar's Leaks Western, Inc. v. PollockDistrict Court, N.D. California · 1957
- Pearson Drainage District v. ErhardtMissouri Court of Appeals · 1947
- Hudson Motor Car Co. v. Hudson Tire Co.District Court, D. New Jersey · 1927
8 more not listed; retrieve them via the Exa API.