Samuel Bros. & Co. v. Hostetter Co.
Court of Appeals for the Ninth Circuit
Appeal from the Circuit Court of the United States for the Northern District of California. The appellee, claiming to be the owner of the medicinal preparation known as Hostetter’s Bitters, brought a suit against the appellant, charging it with selling as and for the appellee’s preparation an article of bitters resembling that of the appellee.
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Appeal from the Circuit Court of the United States for the Northern District of California. The appellee, claiming to be the owner of the medicinal preparation known as Hostetter’s Bitters, brought a suit against the appellant, charging it with selling as and for the appellee’s preparation an article of bitters resembling that of the appellee. The answer put in issue these facts, and, as to the allegation of the corporate existence of the appellee, it averred that the appellant could not “admit or deny the allegations of said bill relative thereto,” and it denied, on information and belief,…
1Opinion of the CourtGilbert, Circuit Judge
In view of all the evidence, we cannot say that the circuit court erred in finding that the transaction between the appellant and the witnesses who were sent by the appellee to procure the bitters at its store occurred substantially as detailed in the testimony of those witnesses. It is true that the witnesses were employed by the appellee to obtain *259testimony of the unfair dealing of which the appellee suspected the appellant, and for that reason their testimony must be carefully scrutinized. But they made notes of the transactions at the time thereof, and their memory, thus refreshed, may…
2Cases cited5 opinions
- Howard v. Stillwell & Bierce Manufacturing Co.Supreme Court of the United States · 1891
- Brown v. PierceSupreme Court of the United States · 1869
- Hostetter Co. v. Brueggeman-Reinert Distilling Co.U.S. Circuit Court for the District of Eastern Missouri · 1891
- Dutilh's v. CoursaultU.S. Circuit Court for the District of District of Columbia · 1837
- Hostetter Co. v. ConronU.S. Circuit Court for the District of Southern New York · 1901
3Cited by5 opinions
- A. B. Dick Co. v. HenryU.S. Circuit Court for the District of Southern New York · 1907
- Hennessy v. Wine Growers' Ass'nDistrict Court, S.D. New York · 1914
- Moxie Nerve Food Co. of New England v. HollandU.S. Circuit Court for the District of Rhode Island · 1905
- Coca-Cola Co v. Happiness Candy Stores, Inc.Court of Chancery of Delaware · 1933
- Newbro v. UndelandNebraska Supreme Court · 1903