McCardel v. Peck
New York Supreme Court
Appeal from order of special term denying motion to dissolve injunction, and directing an attachment to be issued for its violation. This action was brought by the plaintiff to restrain the defendant from a further and continued use of the name of the “McCardel House,” in his business, or in or upon the building wherein the same was conducted, in the city of Albany, or in any other manner whereby the rights of the plaintiff are prejudiced.
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Appeal from order of special term denying motion to dissolve injunction, and directing an attachment to be issued for its violation. This action was brought by the plaintiff to restrain the defendant from a further and continued use of the name of the “McCardel House,” in his business, or in or upon the building wherein the same was conducted, in the city of Albany, or in any other manner whereby the rights of the plaintiff are prejudiced. An injunction was issued on the 23d of July, 1863, by which the defendant was required to refrain on and after the 23d of August, 1863, from using said…
1Opinion of the Court
By the court, It appears to be conceded that the name of “ MeOardel House ” was used originally at the place of business now occupied by the defendant, by his predecessor, Hitchcock, with the knowledge and consent of John MeOardel and of his wife, the plaintiff in this action. The original arrangement with Hitchcock, of whom the defendant purchased, was made for the benefit of John MeOardel himself, who was employed as an agent or assistant in the establishment. The terms upon which he was thus engaged do not distinctly appear, but there is sufficient to show that the object of the…
2Cases cited1 opinion
- Ex Parte SecombeSupreme Court of the United States · 1857
3Cited by6 opinions
- Farmers' Loan & Trust Co. v. Farmers' Loan & Trust Co. of KansasNew York Supreme Court · 1888
- Stogop Realty Co. v. Marie Antoinette Hotel Co.Appellate Division of the Supreme Court of the State of New York · 1926
- Burton v. StrattonU.S. Circuit Court for the District of Eastern Michigan · 1882
- Congress and Empire Spring Co. v. High Rock Congress Spring Co.New York Supreme Court · 1867
- Joseph Laurer Brewing Co. v. EhresmanAppellate Division of the Supreme Court of the State of New York · 1908
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