Silbert v. Kerstein

This is an appeal from a final decree dismissing a bill in equity brought by the plaintiff, doing business under the name of “Emerson Fashions,” to restrain the defendants from doing business under the name of “Emerson’s Shoes” on the ground that they are unfairly competing with him.

The judge made a report of the material facts. The plaintiff challenges the correctness of many of those findings. We have a report of all the evidence, and all questions of law, fact and discretion are open for our decision. It is our duty to examine the evidence and reach our own conclusions, giving weight to…