Hygeia Water Ice Co. v. New York Hygeia Ice Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made July 24, 1892, which affirmed a judgment in favor of defendant entered ■ upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are .stated in the opinion. The form of action is appropriate.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made July 24, 1892, which affirmed a judgment in favor of defendant entered ■ upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are .stated in the opinion. The form of action is appropriate. (Story’s Equity [11th ed.], § 826 ; Poppenhusen v. N. Y. G. P. Co., 4 Blatchf. 184; N. Y. G. S. Co. v. A. G. S. Co., 20 id. 386; Butler v. Ball, 28 Fed. Rep. 754; Woodworth v. Stone, 3 Story, 749, 750; C. P. P. Co. v. M. R.…
1Per curiam
The plaintiff sought to restrain the defendant from the use of its corporate name, on the ground that such name so nearly resembled that of the plaintiff as to be calculated to deceive persons dealing with them. The plaintiff was incorporated March 1, 1890, pursuant to chapter 40 of the Laws of 1848, and the acts amendatory thereof, under the name of the “ Hygeia Water Ice Company.” The defendant was incorporated April 1,1890, pursuant to chapter 611 of the Laws of 1875, under the name of the “Hew York Hygeia Ice Company, Limited.” The corporate name of the defendant was selected by the…
2Cases cited1 opinion
- Calhoun v. . MillardNew York Court of Appeals · 1890
3Cited by19 opinions
- Standard Oilshares, Inc. v. Standard Oil Group, Inc.Court of Chancery of Delaware · 1930
- Millspaugh v. CassedyAppellate Division of the Supreme Court of the State of New York · 1920
- Continental Ins. v. Continental Fire Ass'nCourt of Appeals for the Fifth Circuit · 1900
- Driverless Cab Co. v. Glessner-Thornberry Driverless Cab Co.Supreme Court of Colorado · 1928
- Drugs Consolidated, Inc. v. Drug Inc.Court of Chancery of Delaware · 1929
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