Burt v. . Smith
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 12, 1903, sustaining plaintiffs’ exceptions ordered to be heard in the first instance by the Appellate Division, after a nonsuit at a Trial Term and granting a motion for a new trial. The nature of the action and' the facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 12, 1903, sustaining plaintiffs’ exceptions ordered to be heard in the first instance by the Appellate Division, after a nonsuit at a Trial Term and granting a motion for a new trial. The nature of the action and' the facts, so far as material, are stated in the opinion. The letters “ S. B.” were a legal trade mark, and Mr. Smith had probable cause to believe that he had a good cause of action for the violation of it. (Brown on Trade Marks, §§ 84, 89, 212, 234, 235 ; Moet v.…
1Opinion of the CourtVann, J.
This is an action for malicious prosecution brought under the following circumstances: In 1874 the defendant, William Smith, and his brother Andrew, as copartners, began to manufacture cough drops at the city of Poughkeepsie and used the letters “ S. B.” indicating “ Smith Brothers,” their firm name, as a trade mark, upon the drops and packages. In January, 1892, they procured the registration of a trade mark under the statutes of the United States, the essential feature of which, as stated in the application therefor, “ consists of two bust portraits of male figures representing the Smith…
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