Prest-O-Lite Co. v. Brickner
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Norman M. Brickner, etc., from an order and determination of the Appellate Term of the ■ Supreme Court' in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 24th day of June, 1913, affirming a judgment of the Municipal Court of the City of New York in plaintiff’s favor.
1Opinion of the Court
Laughlin, J.:
This action and Prest-O-Lite Co. v. Ray (162 App. Div. 62) were tried together, and most of the material facts are the same in each.
In this case it appeared that the Searchlight Gas Company’s labels on the tanks sold by the defendant completely covered the word “ Prest-O-Lite ” appearing on the body of the tank, and it was represented by the employee of the defendant, who exchanged the tanks for the defendant in this instance, that he was delivering to the purchaser “ a Prest-O-Lite,” and on being asked where the name “ Prest-0 Lite ” appeared, he scratched off the label and…
2Cases cited1 opinion
- Prest-O-Lite Co. v. RayAppellate Division of the Supreme Court of the State of New York · 1914