Legal Opinion

Sperry & Hutchinson Co. v. Benjamin

U.S. Circuit Court for the District of Eastern New York

Decided March 27, 1905PublishedCited by 3 opinions

In Equity. Suit by the Sperry & Hutchinson Company against Benjamin Benjamin and others. On motion for preliminary injunction.

1Opinion of the Court

THOMAS, District Judge.

An injunction against all the defendants is demanded, both by reason and by the authority of former decisions. The only doubt arises from the objection that the bill is multifarious; but such an objection, unless raised by demurrer, is waived, and the court cannot anticipate that demurrer upon such ground will be interposed.

Where a defendant is, or claims to be, under contract with the complainant, he will not be enjoined from selling stamps tha!t he has obtained from complainant for the purposes of the contract; but this will not justify his using stamps procured from…

2Cited by3 opinions

  1. Waring v. WDAS Broadcasting Station, Inc.Supreme Court of Pennsylvania · 1937
  2. Sperry & Hutchinson Co. v. FensterDistrict Court, E.D. New York · 1915
  3. Waring v. WDAS Broadcasting Station, Inc., Pennsylvania Court of Common Pleas, Philadelphia County1936

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