Covell v. Chadwick
Massachusetts Supreme Judicial Court
Bill in equity, filed February 11, 1888, to recover damages, and to prevent the defendant from manufacturing and selling certain medicines under the names of “Dr. Spencer’s Queen of Pain ” and “ Spinal Paste or Salt Rheum Cure,” from using certain trade-marks for the same, and from libelling the plaintiff. The case was heard by 0. Allen, J., and reported for the consideration of the full court, and was as follows.
Read the full summary
Bill in equity, filed February 11, 1888, to recover damages, and to prevent the defendant from manufacturing and selling certain medicines under the names of “Dr. Spencer’s Queen of Pain ” and “ Spinal Paste or Salt Rheum Cure,” from using certain trade-marks for the same, and from libelling the plaintiff. The case was heard by 0. Allen, J., and reported for the consideration of the full court, and was as follows. No request was made at the hearing that the evidence should be taken down for the purpose of revising the judge’s findings of fact. The judge directed the testimony.to be limited to…
1Opinion of the CourtKnowlton, J.
It appears by the report in this case, that, at the hearing, there was no request that the evidence should be taken down with a view to a revision of the findings of fact by the full court, and it seems to have been the intention of the presiding justice to present upon this report merely the question whether the decree is supported by the facts found. There is nothing to indicate that the plaintiff, at the trial, expressed dissatisfaction with the direction given by the judge to the taking of testimony, or that he at any time intimated a desire to have that direction revised upon an appeal…
2Cases cited10 opinions
- Kidd v. JohnsonSupreme Court of the United States · 1880
- Chadwick v. CovellMassachusetts Supreme Judicial Court · 1890
- Russia Cement Co. v. LePageMassachusetts Supreme Judicial Court · 1888
- Boston Diatite Co. v. Florence Manufacturing Co.Massachusetts Supreme Judicial Court · 1873
- Gilman v. HunnewellMassachusetts Supreme Judicial Court · 1877
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Essex Trust Co. v. EnwrightMassachusetts Supreme Judicial Court · 1913
- Associated Perfumers, Inc. v. AndelmanMassachusetts Supreme Judicial Court · 1944
- Lawrence Trust Co. v. Sun-American Publishing Co.Massachusetts Supreme Judicial Court · 1923
- Menard v. HouleMassachusetts Supreme Judicial Court · 1937
- Jackman v. Calvert-Distillers Corp.Massachusetts Supreme Judicial Court · 1940
7 more not listed; retrieve them via the Exa API.