Apollinaris Co. v. Venable
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made March 31, 1892, which affirmed an order of Special Term appointing a referee to ascertain and assess damages sustained by the issuing of a preliminary injunction herein. This action was brought to sustain the infringement of a trade-mark. A temporary injunction was granted, plaintiff giving an undertaking in the usual form.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, made March 31, 1892, which affirmed an order of Special Term appointing a referee to ascertain and assess damages sustained by the issuing of a preliminary injunction herein. This action was brought to sustain the infringement of a trade-mark. A temporary injunction was granted, plaintiff giving an undertaking in the usual form. Thereafter on application of defendants an order was granted adjudging plaintiff guilty of contempt, in interfering to prevent the execution of a commission, and as a…
1Opinion of the CourtAndrews, J.
The sole question on this appeal is whether an order made on the application of the defendants after the commencement of the action, to punish the plaintiff for contempt for interfering to prevent the execution of a commission to take testimony, issued upon the application of the defendants, by which order plaintiff was adjudged guilty of the contempt charged, and which directed as a punishment that the plaintiff’s complaint should be dismissed and the temporary in junction granted at the commencement of the action should be dissolved, followed by an actual dismissal of the complaint and a…
2Cases cited1 opinion
- Cooke v. State National Bank of BostonNew York Court of Appeals · 1873
3Cited by23 opinions
- J. A. Preston Corp. v. Fabrication Enterprises, Inc.New York Court of Appeals · 1986
- Margolies v. Encounter, Inc.New York Court of Appeals · 1977
- Gyger v. CourtneyNebraska Supreme Court · 1900
- Nielsen v. City of Albert LeaSupreme Court of Minnesota · 1902
- Williams v. BallingerSupreme Court of Iowa · 1904
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