Silver & Co. v. Waterman
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Silver & Company, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 23d day of September, 1907, granting leave to the defendants to serve a supplemental answer herein.
1Opinion of the Court
Jenks, J.:
This appeal is from an order of the Special Term that allows a supplemental answer, in an action to restrain unfair competition in the manufacture and sale of a night lamp and to recover profits from the sales thereof. Issue was joined on July 25, 1907, whereupon the plaintiff demurred to the answer. It does not appear that the issue of that demurrer has been tried.
The defendants- would plead by supplemental answer that on August 20, 1907, letters patent were issued “ in connection with the said night lamp manufactured by defendants.” As this fact has come intp existence subsequent…
2Cases cited1 opinion
- Reynolds v. Ætna Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by1 opinion
- Doyle v. Chatham & Phenix National BankAppellate Division of the Supreme Court of the State of New York · 1927