Burrow v. Marceau
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Ernest M. Burrow, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 8tli day of March, 1909, denying the plaintiff’s motion for the substitution of the Marceau Company, Limited, as defendant in the place of the respondent.
1Opinion of the Court
Houghton, J.:
The action is to restrain the defendants from using the word “ Sarony ” in connection with the photograph business, the- plaintiff claiming to have purchased the right- to the use of that náme from *798the representatives of Napoleon Sarony, who had for a long time carried on the photographic business under such alleged trade name designation.
Summons was. served on the defendant Sarony Company, photographers, and a motion was made to set aside such service on the ground that, prior to the commencement of the action and in January, 1906, such corporation had been merged in the Marceau…
2Cases cited1 opinion
- Ackerman v. TrueAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by3 opinions
- Bryant v. Waste Management, Inc.Court of Appeals of South Carolina · 2000
- Feener Business Schools, Inc. v. Speedwriting Publishing Company, Inc.Court of Appeals for the First Circuit · 1957
- Marco v. SachsNew York Supreme Court · 1951