Low v. . Hall
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial district, granting defendants’ motion for a new trial, upon a verdict taken under the direction of the court at circuit, subject to the opinion of the court at General Term, * This action was brought by the plaintiffs, as manufacturers and proprietors of “ Low’s highly perfumed brown Windsor soap ” to recover penalties imposed by section 4, of the act of 1862, chapter 306, as amended by section…
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Appeal from order of the General Term of the Supreme Court in the first judicial district, granting defendants’ motion for a new trial, upon a verdict taken under the direction of the court at circuit, subject to the opinion of the court at General Term, * This action was brought by the plaintiffs, as manufacturers and proprietors of “ Low’s highly perfumed brown Windsor soap ” to recover penalties imposed by section 4, of the act of 1862, chapter 306, as amended by section 2, of the act of 1863, chapter 209, for an alleged violation of their trade mark by the defendants, on the allegation…
1Opinion of the CourtGrover, J.
The counsel for the appellants insists, that as the respondents’ counsel did not request the court to submit any question of fact upon which there was a conflict of testa mony to the jury, his exception to the direction tti the jury to find a verdict for $200 for the plaintiff does not enable him to raise any such question upon appeal, and cites Winchell v. Hicks (18 N. Y., 558), in support of his position. The rule adopted in that case has no application to the facts in the present. In this the judge decided, that if the jury should find precisely as. the defendants’ witnesses say, still…
2Cases cited1 opinion
- Winchell v. . HicksNew York Court of Appeals · 1859
3Cited by7 opinions
- Hier v. . AbrahamsNew York Court of Appeals · 1880
- Chapman v. . GatesNew York Court of Appeals · 1873
- State v. RichardsonSupreme Court of Iowa · 1917
- Dawley v. Dawley's EstateSupreme Court of Colorado · 1915
- Whaley v. McDonaldCourt of Appeals of Texas · 1917
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