Mackinnon Pen Co. v. Fountain Ink Co.
The Superior Court of New York City
Appeal by the plaintiffs from an order of the special term denying their motion for the continuance of an Injunction during the pendency of the action. The facts are stated in the opinion.
1Opinion of the Court
By the Court.—Freedman, J.
There is little, if any, conflict as to the material facts upon which the right of the plaintiffs to an injunction depends. They are briefly stated as follows:
The Mackinnon Pen Co. is a manufacturing corporation which makes and sells stylographic pens, under certain patents of the United States and other countries. The defendants Sutherland and Brown owned the entire capital stock of this company and its patents, and contracted, July 5,1881, to sell the business and patents to the plaintiff Fren ch. French assigned portions of his contract to the plaintiffs Carleton…
2Cases cited4 opinions
- Dunlop v. . GregoryNew York Court of Appeals · 1851
- Jarvis v. PeckNew York Court of Chancery · 1843
- Dethlefs v. TamsenNew York Court of Common Pleas · 1878
- Alcock v. GibertonThe Superior Court of New York City · 1855
3Cited by1 opinion
- Vulcan Powder Co. v. Hercules Powder Co.California Supreme Court · 1892