Material Men's Mercantile Ass'n v. Material Men's Credit Agency, Inc.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Material Men’s Credit Agency, Inc., and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 11th day of August, 1919, upon the decision of the court rendered after a trial at the New York Special Term enjoining the defendants from using or doing business under the name of “ Material Men’s Credit Agency, Inc.”
1Opinion of the Court
Page, J.:
The plaintiff brought an action against the “New York Material Men’s Mercantile Association, Inc.” At Special Term the complaint was dismissed. Upon appeal to this court the judgment was reversed and judgment granted for the plaintiff. (169 App. Div. 843.) This decision was affirmed by the Court of Appeals without opinion. (224 N. Y. 670.) Instead of changing the name of the corporation defendant in that action, the persons interested in that corporation organized a new one and incorporated under the name of “ Material Men’s Credit Agency, Inc.” This action was brought and the…
2Cases cited8 opinions
- Koehler v. . SandersNew York Court of Appeals · 1890
- Material Men's Mercantile Ass'n v. New York Material Men's Mercantile Ass'nAppellate Division of the Supreme Court of the State of New York · 1915
- Commercial Advertiser Ass'n v. HaynesAppellate Division of the Supreme Court of the State of New York · 1898
- Henry Romeike, Inc. v. Albert Romeike & Co.Appellate Division of the Supreme Court of the State of New York · 1917
- Employers' Liability Assurance Corp. v. Employers' Liability InsuranceNew York Supreme Court · 1890
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3Cited by5 opinions
- Stardust, Inc. v. WeissDistrict Court, S.D. New York · 1948
- Wholesale Service Supply Corp. v. Wholesale Building Materials Corp.Appellate Division of the Supreme Court of the State of New York · 1952
- In re the Guardianship of ClarkeNew York Surrogate's Court · 1932
- In re the Estate of KolodijNew York Surrogate's Court · 1976
- Nu Enamel Corp. v. Nate Enamel Co.New York Supreme Court · 1934