Bloss v. Bloomer
New York Supreme Court
PPEAL from an order made at a special term, overruling a demurrer to the second cause of action set forth in the complaint. The first cause of action need not be stated.
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PPEAL from an order made at a special term, overruling a demurrer to the second cause of action set forth in the complaint. The first cause of action need not be stated. In the second count of the complaint, and for a second cause of action, the plaintiffs alleged that on the 12th day of December, 1854, at Eochester, the plaintiffs and the defendant entered into an agreement whereby the plaintiffs agreed to sell, and did sell to the defendant, twenty thousand, or thereabouts, empty-papers or hags for seeds, with the plaintiffs’ labels thereon, and two thousand papers or bags of seeds with the…
1Opinion of the Court
By the Court, E. Darwin Smith, J.
The legislature, in an act entitled “ An act to punish and prevent fraud in the use of false stamps and labels,” passed May 14,1845, (Sess. Laws of 1845, ch. 279, p. 804,) has declared it a, misdemeanor either to “ counterfeit such stamps or labels with intent to defraud, or to vend goods &c. thus stamped, without disclosing the fact to the purchaser.” And this court protects the title of the author or inventor of any names, marks, letters or other symbols which any manufacturer, trader or other person has devised and appropriated or been accustomed to use in…
2Cases cited3 opinions
- Bell v. LockeNew York Court of Chancery · 1840
- Partridge v. MenckNew York Court of Chancery · 1847
- Taylor v. CarpenterNew York Court of Chancery · 1844
3Cited by4 opinions
- Hegeman & Co. v. HegemanNew York Court of Common Pleas · 1880
- Congress and Empire Spring Co. v. High Rock Congress Spring Co.New York Supreme Court · 1867
- Benson v. Georgian Co.Court of Appeals of Georgia · 1917
- Jerome v. BigelowIllinois Supreme Court · 1872