McElwee v. W. T. Blackwell & Co.

This was am appeal from the refusal of the court below to submit a particular issue tendered by the plaintiff The action was for violation of a trade mark, and among the facts constituting the cause of action the plaintiff alleged that he was the sole and exclusive owner. This fact was denied by the answer.

His Honor submitted an issue touching the controverted fact, and plaintiff requested the submission of one inquiring if plaintiff had not the exclusive -right, what right did he have to the trade mark, and this one was refused on- the ground that no allegation in the-pleadings authorized it.