Legal Opinion

New Iberia Extract of Tabasco Pepper Co. v. E. McIlhenny's Son

Supreme Court of Louisiana

Decided October 21, 1912No. 18,945PublishedCited by 7 opinions

Appeal from Nineteenth Judicial District Court, Parish of Iberia; James Simon, Judge. Action by the New Iberia Extract of Tabasco Pepper Company, Limited, against E. Mcllhenny’s Son and others. Prom a judgment for defendants, plaintiff appeals.

1Opinion of the CourtLand, J.

Plaintiff, a manufacturer of a certain pepper sauce, styled “Extract of Tabasco Pepper,” sued the defendant, the manufacturer of the well-known “Tabasco” sauce, for $30,000 damages for libel upon the business and occupation of the plaintiff. Both parties are corporations domiciled in the parish of Iberia, La.

The charge of libel was based on a circular letter issued by the defendant, in form as follows:

*152“Legal.
“E. M. McIlhenny’s Son v. Infringers.
“New Iberia, La. July 17, 1906.
“Rafferty & Hozier, New York, N. Y.
“Dear Sirs: It has come to our attention that various persons are seeking to secure…

2Cases cited8 opinions

  1. Singer Manufacturing Co. v. June Manufacturing Co.Supreme Court of the United States · 1896
  2. Canal Co. v. ClarkSupreme Court of the United States · 1872
  3. Elgin National Watch Co. v. Illinois Watch Case Co.Supreme Court of the United States · 1901
  4. Saxlehner v. Eisner & Mendelson Co.Supreme Court of the United States · 1900
  5. Columbia Mill Co. v. AlcornSupreme Court of the United States · 1893

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3Cited by7 opinions

  1. McIlhenny Co. v. GaidryCourt of Appeals for the Fifth Circuit · 1918
  2. Fontenot v. FontenotSupreme Court of Louisiana · 1958
  3. Mundy v. Gentilly Oaks, Inc.Supreme Court of Louisiana · 1955
  4. E. McIlhenny's Son v. B. F. TrappeyCourt of Appeals for the D.C. Circuit · 1922
  5. Lazar v. GremillionLouisiana Court of Appeal · 1966

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