Wolfe v. Burke
New York Supreme Court
This was an appeal from a judgment for the plaintiff, entered upon the decision of the court. The plaintiffs, who were, and had been since 1871, engaged as partners in the manufacture of an article of gin which they sold in bottles labeled “ Hudson G. Wolfe’s Bell Schnapps,” brought the action against the defendants, as proprietors of an article sold and labeled u Udolpho Wolfe’s Aromatic Schiedam Schnapps,” to restrain interference with their trade through circulars issued…
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This was an appeal from a judgment for the plaintiff, entered upon the decision of the court. The plaintiffs, who were, and had been since 1871, engaged as partners in the manufacture of an article of gin which they sold in bottles labeled “ Hudson G. Wolfe’s Bell Schnapps,” brought the action against the defendants, as proprietors of an article sold and labeled u Udolpho Wolfe’s Aromatic Schiedam Schnapps,” to restrain interference with their trade through circulars issued by the defendants to the plaintiffs’ customers threatening them with prosecution if they sold the plaintiffs’ article,…
1Opinion of the Court
By the Court—
Gilbert, J.
The parties respectively manufacture in Holland and sell in this country an article of gin, called “ schnapps.” That word is of German derivation. As used in Germany and in Holland, it signifies a dram or drink of some alcoholic beverage. It has, however, become an English word by common use and adoption, and means Holland gin. It is so defined in Webster’s dictionary. The evidence shows, and the court below has found, that the word was used in this country in that sense, or at least in a sense which includes the definition of Webster, long before any appropriation of…
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- Meneely v. MeneelyNew York Supreme Court · 1874
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