Burnett v. Phalon
The Superior Court of New York City
Appeal from an order allowing exceptions to a referee’s report, and referring the case back to him. The action was for an alleged invasion of the plaintiffs’ right to the use of the word “ Cocoaine,” with certain devices, constituting a trade-mark.
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Appeal from an order allowing exceptions to a referee’s report, and referring the case back to him. The action was for an alleged invasion of the plaintiffs’ right to the use of the word “ Cocoaine,” with certain devices, constituting a trade-mark. An order for judgment was entered in the plaintiffs’ favor, enjoining the defendants from further infringing the trademark ; and directing a reference to take and state an account of the profits made and obtained by the defendants upon, or by means of, the article in the order referred to, and sold by them under the name of Cocoaine; and to…
1Opinion of the Court
By the Court.—Hoffman, J.
The Code has in all its provisions as to the examination of a party on his own behalf, treated it as an examination of a witness. It is now, as amended in 1860, as follows: “ A party to an action, &c., may be examined as a witness on his own behalf, or in behalf of any other party, in the same manner, and subject to the same rules of examination, as any other witness, except,” &c.
It is stated in the books of practice, that if a witness refuses to be cross-examined, his deposition shall be suppressed. The Clerk’s Tutor in Chancery (9) refers to a case, October, 1633,…
2Cases cited2 opinions
- Mauran v. LambNew York Supreme Court · 1827
- Taylor v. WoodNew York Court of Chancery · 1833
3Cited by2 opinions
- Shorwitz v. CaminezAppellate Division of the Supreme Court of the State of New York · 1912
- Roberts v. WalleyU.S. Circuit Court for the District of Northern New York · 1882