Blackwell Durham Tobacco Co. v. McElwee
Supreme Court of North Carolina
Civil ACTION, tried before Clark, Judge, and a jury, at April Term, 1886, of PersoN Superior Court. This action is prosecuted to establish the plaintiff’s exclusive right to a certain trade mark used in designating tobacco manufactured by it for sale, and to recover damages from the defendant for its alleged invasion by him.
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Civil ACTION, tried before Clark, Judge, and a jury, at April Term, 1886, of PersoN Superior Court. This action is prosecuted to establish the plaintiff’s exclusive right to a certain trade mark used in designating tobacco manufactured by it for sale, and to recover damages from the defendant for its alleged invasion by him. Several issues arising out of the conflicting pleadings were passed on by the jury, whose verdict in response is: (1). That the plaintiff is entitled to the sole and exclusive use of the claimed trade mark or device, as against the defendant, and to affix the same to…
1Opinion of the Court
SMITH, C. J.,
(after stating the facts). The only exception we propose to consider, since this is decisive of the appeal, is the admission of certain testimony, against the defendant’s objection, assigned as error, and embraced in his third exception. This exception is thus set' out, with the matter to which it applies, in the record :
“ When defendant was on the stand as a witness in his own behalf, plaintiff’s counsel showed him a letter signed by Thomas A. Burke, and addressed to Norwood & Webb, attorneys for the executor of John R. Green, and asked him (defendant) if at the time said letter…
2Cases cited3 opinions
- Francis v. W. J. & J. G. Edwards & Co.Supreme Court of North Carolina · 1877
- Guy v. . ManuelSupreme Court of North Carolina · 1883
- Hersey v. BartonSupreme Court of Vermont · 1851
3Cited by17 opinions
- Goodman v. . SappSupreme Court of North Carolina · 1889
- Cummings v. Conn. Gen. Life Ins. Co.Supreme Court of Vermont · 1930
- State v. . JacksonSupreme Court of North Carolina · 1909
- Davidson v. . GiffordSupreme Court of North Carolina · 1888
- Horan v. ByrnesSupreme Court of New Hampshire · 1903
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