Legal Opinion

Union Mills v. Harder

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

Decided November 14, 1906Published

Appeal by the defendants, William A. Harder and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Columbia on the Tth day of February, 1906, upon the decision of the court, rendered after a trial at-the Rensselaer Special Term granting an injunction restraining -the "defendants, among other things, from "manufacturing shirts •and‘ "drawérs in the "bounty tif Columbia' ‘ with certain exception's, and…

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Appeal by the defendants, William A. Harder and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Columbia on the Tth day of February, 1906, upon the decision of the court, rendered after a trial at-the Rensselaer Special Term granting an injunction restraining -the "defendants, among other things, from "manufacturing shirts •and‘ "drawérs in the "bounty tif Columbia' ‘ with certain exception's, and from using the name “ Harder Manufacturing' Company ” in any business, " V

1Opinion of the Court

Kellogg, J.:

By agreement of October, 1901, the Harder Knitting Company and the five stockholders and directors of said company, the parties of the first part, sold its property and business and the capital stock of said company to one “ Holsapple * * * or any person or corporation that he may designate ” as party of the second part, and agreed, among other things, not to engage in the manufacture of shirts or drawers in the county of Columbia, with certain exceptions, or to use the corporate name “ Harder Knitting Company.” Thereafter Holsapple contracted with Kidder, Peabody & Co. to sell to…

2Cases cited2 opinions

  1. Schoonmaker v. . HoytNew York Court of Appeals · 1896
  2. Dickinson v. VanceAppellate Division of the Supreme Court of the State of New York · 1898

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