State v. Thierauf
Supreme Court of Missouri
Appeal from St. Louis Court of Criminal Correction. — Son. Willis S. Glark, Judge. The information is bad pleading. Using merely the language of the statute, it alleges that the label designated such compound “in part by words and general design,” etc., and “was in part the same to the eye,” etc., but does not aver in what part or in what respect; and that defendant was not the first to use said words, “wholly or in part, and said general design;” thus failing to point out…
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Appeal from St. Louis Court of Criminal Correction. — Son. Willis S. Glark, Judge. The information is bad pleading. Using merely the language of the statute, it alleges that the label designated such compound “in part by words and general design,” etc., and “was in part the same to the eye,” etc., but does not aver in what part or in what respect; and that defendant was not the first to use said words, “wholly or in part, and said general design;” thus failing to point out any words or designs alleged to be in imitation of complainant’s label. Again, it simply alleges that defendant “with…
1Opinion of the CourtGantt, J.
The second count of the information upon which alone the defendant was tried and convicted, was as follows:
“And the assistant prosecuting attorney aforesaid, now here in court, on behalf of the State of Missouri, further information makes as follows:
“That Benjamin Chieraun, on the twenty-fifth day of September, 1900, in the city of St. Louis and State of Missouri, with intent to defraud did unlawfully and knowingly sell and expose and offer for sale, certain bottles containing a compound and preparation, generally known as and called ‘Castoria,’ with a certain label brand, wrapper and imprint…
2Cases cited6 opinions
- Singer Manufacturing Co. v. June Manufacturing Co.Supreme Court of the United States · 1896
- State v. HaywardSupreme Court of Missouri · 1884
- Centaur Co. v. HeinsfurterCourt of Appeals for the Eighth Circuit · 1898
- State v. DewittSupreme Court of Missouri · 1899
- State v. MillsSupreme Court of Missouri · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State v. ColbartSupreme Court of Missouri · 1967
- State v. SettleSupreme Court of Missouri · 1932
- State v. TimeusSupreme Court of Missouri · 1911
- State v. BarnesSupreme Court of Missouri · 1920
- State v. NiesmanMissouri Court of Appeals · 1903
2 more not listed; retrieve them via the Exa API.