Marlin Fire Arms Co. v. . Shields
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 27, 1902, reversing a judgment in favor of defendant entered upon a decision of the court on trial at Special Term sustaining a demurrer to the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The complaint does not state facts sufficient to constitute a cause of action at law. (Kidd v. Horry, 28 Fed.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 27, 1902, reversing a judgment in favor of defendant entered upon a decision of the court on trial at Special Term sustaining a demurrer to the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The complaint does not state facts sufficient to constitute a cause of action at law. (Kidd v. Horry, 28 Fed. Rep. 766; Tobias v. Harland, 4 Wend. 537; Le Massena v. Storm, 62 App. Div. 150; Kennedy v. Pub. Co., 41 Hun, 422; Bosi v. Herald…
1Opinion of the Court
Parker, Ch. J.
The plaintiff corporation, which manufactures Marlin repeating rifles, brought this action to perpetuually restrain defendant, the proprietor of a magazine called “ Eecreation,” from publishing “ any article or statement in any form or under any guise falsely attacking, misrepresenting or depreciating plaintiff’s said rifle or its accuracy, effectiveness, merit or value.”
Defendant demurred to the complaint, and the question presented on this review is whether it states a cause of action. The following is as brief a synopsis of it as will suffice to present fully the question…
2Cases cited11 opinions
- Vegelahn v. GuntnerMassachusetts Supreme Judicial Court · 1896
- Beck v. Railway Teamsters' Protective UnionMichigan Supreme Court · 1898
- Francis v. FlinnSupreme Court of the United States · 1886
- Brandreth v. LanceNew York Court of Chancery · 1839
- Tobias v. HarlandNew York Supreme Court · 1830
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3Cited by106 opinions
- Ruder & Finn Inc. v. Seaboard Surety Co.New York Court of Appeals · 1981
- Nann v. RaimistNew York Court of Appeals · 1931
- Baumann v. BaumannNew York Court of Appeals · 1929
- Electrolux Corp. v. Val-Worth, Inc.New York Court of Appeals · 1959
- American Malting Co. v. KeitelCourt of Appeals for the Second Circuit · 1913
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