Gillott v. Kettle
The Superior Court of New York City
Ttttr is an appeal by the defendant from an order enjoining him, as hereinafter stated. The papers on which .the injunction was granted, show that the plaintiff is, and for a long time has been, extensively engaged in the manufacture of steel pens at Birmingham in England. That the pens made by him are well known, as such, in the market, and are extensively sold, as well in the United States, as in the country in which they are made.
Read the full summary
Ttttr is an appeal by the defendant from an order enjoining him, as hereinafter stated. The papers on which .the injunction was granted, show that the plaintiff is, and for a long time has been, extensively engaged in the manufacture of steel pens at Birmingham in England. That the pens made by him are well known, as such, in the market, and are extensively sold, as well in the United States, as in the country in which they are made. That large quantities of them are sold in boxes containing one gross each. That each box is labelled in a manner, and with a label having devices on it, which…
1Opinion of the CourtBy the Court. Bosworth, J.
The fraud complained of *626consists in selling an inferior article of the plaintiff’s manufacture, gs being one of a superior quality. The fraud, to the extent that it may be successful, is twofold. The public is ■ defrauded by being induced to buy the inferior for the superior article. The plaintiff is defrauded by an unjust destruction of confidence, that his pens are put up for sale, and assorted with reference (¡O' the quality,, indicated to dealers by the labels on the boxes which contain them. From an order, restraining the continuance of this fraudulent practice, the defendant has…
2Cited by5 opinions
- A. Bourjois & Co. v. KatzelCourt of Appeals for the Second Circuit · 1921
- Smith v. WalkerMichigan Supreme Court · 1885
- Russia Cement Co. v. FrauenharCourt of Appeals for the Second Circuit · 1904
- Russia Cement Co. v. KatzensteinU.S. Circuit Court for the District of Southern New York · 1901
- Strasser v. MoonelisThe Superior Court of New York City · 1888