Legal Opinion

"The Mrs. G. B. Miller & Co. Tobacco Manufactory" v. Matthias Commerce

Supreme Court of New Jersey

Decided February 15, 1883PublishedCited by 2 opinions

On demurrer to declaration. The following is the declaration filed by the plaintiff: The Mrs. G. B. Miller & Co. Tobacco Manufactory complain of Matthias Commerce, being in the custody of the sheriff of the county of Hudson, of a plea of trespass on the case: For that whereas they, the said plaintiffs, for divers years before, and at the time of the committing of the grievances hereinafter next mentioned-, did manufacture, vend and sell, and still do continue to manufacture,…

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On demurrer to declaration. The following is the declaration filed by the plaintiff: The Mrs. G. B. Miller & Co. Tobacco Manufactory complain of Matthias Commerce, being in the custody of the sheriff of the county of Hudson, of a plea of trespass on the case: For that whereas they, the said plaintiffs, for divers years before, and at the time of the committing of the grievances hereinafter next mentioned-, did manufacture, vend and sell, and still do continue to manufacture, vend and sell for profit, divers large quantities of a certain smoking tobacco, called Mrs. G. B.. Miller & Co.’s Best…

1Opinion of the Court

The opinion of the court was delivered by

Knapp, J.

The foregoing declaration, to which the defendant has filed a demurrer, avers that the plaintiffs prepared,, vended and sold, for profit, a certain kind of smoking tobacco-called and well known to the public as “ Mrs. G. B. Miller & Co.’s Best Smoking Tobacco,” which they were accustomed to sell in packages wrapped in blue paper with the words “Mrs. G. B. Miller & Co.’s Best Smoking Tobacco, 97 Columbia street, New York,” printed thereon; and that the defendant, intending to injure them in their sales and deprive them of their profits,…

2Cases cited2 opinions

  1. Holmes, Booth & Haydens v. Holmes, Booth & Atwood Manufacturing Co.Supreme Court of Connecticut · 1870
  2. Dale v. SmithsonNew York Court of Common Pleas · 1861

3Cited by2 opinions

  1. American Shops, Inc. v. AM. FASHION, & C., INC.New Jersey Superior Court Appellate Division · 1951
  2. Ferber Corp. v. NORTHERN INDUS. PRODUCTS, INC.New Jersey Superior Court Appellate Division · 1951

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