Martell v. St. Francis Hotel Co.
Washington Supreme Court
Appeal from a judgment of the superior court for King county, Albertson, J., entered January 14, 1908, upon findings in favor of the defendant, after a trial before the court without a jury, dismissing an action for an injunction.
1Opinion of the CourtMount, J.
— This action was brought to restrain the respondent from using the name “St. Francis” for his hotel, and for damages. The cause was tried to the court without a jury. Before the trial it appeared that the appellants had purchased the interest of the original plaintiffs, and the appellants were therefore substituted as plaintiffs. At the trial the substituted plaintiffs waived all damages prior to their purchase. Thereafter the evidence w-as all submitted, the court made findings of fact, and dismissed the action. The plaintiffs appeal.
The facts as found by the trial court are as follows:
“(1)…
2Cases cited4 opinions
- Chas. S. Higgins Co. v. Higgins Soap Co.New York Court of Appeals · 1895
- Dodge Stationery Co. v. DodgeCalifornia Supreme Court · 1904
- International Silver Co. v. William H. Rogers Corp.New Jersey Court of Chancery · 1904
- Van Houten v. Hooton Cocoa & Chocolate Co.U.S. Circuit Court for the District of New Jersey · 1904
3Cited by21 opinions
- Edmondson Village Theatre, Inc. v. EinbinderCourt of Appeals of Maryland · 1955
- Eastern Outfitting Co. v. ManheimWashington Supreme Court · 1910
- Foss v. CulbertsonWashington Supreme Court · 1943
- Seattle Endeavors, Inc. v. MastroWashington Supreme Court · 1994
- Seattle Street Railway & Municipal Employees Relief Ass'n v. Amalgamated Ass'n of Street EmployeesWashington Supreme Court · 1940
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