New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-12-08
SUPREME COURT-SrrcI,L Tsss-Dsc s-Ssiers judy
DAVIES

The LAW OF MISUNDERSTANDING wtrcHrs.
MorTs l. Samuel and Edwin NJ Dunn Albert Berger 81.
Plant s alege that they assigpess of Sylvester
CURED the shs bis spoa usasoursa BY
.mu. Ard b.: .tn.s. III. d..9dsDt. .s watches manu-
r.. g, 70 Ts:s.,i H from doing 80 y D.
DAVIES The rule governing the interference Of Courts in
,h. and lh- cases well aid dsrn By Duer j. Amoskess
IA. present susheen, TO say tina, in al wher.
trad. MARI initiated the OF the wroas consists ia the
smother; and only when this f representa- sr,ly
OF indirectly made and only TIE esi,Hi q, Witch IL " made
n re Who to A' '' tee OF the court can have
Applying hese principle. to The in th, case W. sA.
thai the psnss invoke rule OF law which the defendants
might claim 10 be applied TO them but which will not avail the
The plaintiff. sy that sriudle w.chsker hal gaired
repuson spch aud that al watches manufactured BY him
were stamped with biz same that Sylvester J. Samsel pur
chased from Brindle the night stamp Brsdl,'s
vaches manufactured by Samuel and that Samuel assigned TO
the plaintiffs tee rieh; % stamp Bndes watches
Tie deter d.ns hand for sale the wseh.. msauc
called upon restrain them by iuunc,ion from sailing the
and thus protect the pIs in selling the simulated
plaintiff. the Court AID them ia Psssins on
public a, made BY Birdie when in truth tho watches made
B, Bin de and stamped BY him with bis mark are taoss which
ftte rpd,n. were seeking make sale Of watches m.n
ufotured by them those manufactured BY Brnte AID the
then the njur should go but hey cannot call on this
Court to them passing OF til. watches made BY them {"
Another rule enunced By Judge Duer in thu above
cited. is to be spilled this He Dner 6s) tho
rule s fully settled ard is reconi1ed in nearly all the cases
ts' IN suits Of this nature Injunction never 20 be granted
II the exclusive title OF plaintiff denied,
unless the grounds pom which is denied snfesty vp
When tie title Is disputed the 70 let the m ton
for II Junction stand until the plaintiff has eraohed
his lersi rgtt in action law Partridge sat. WEIGH
Ssrd oh. r. So. Barb. ch. r. lnl IS. CT
The of Morley AIT. Dawnman Mylne Crasht, IN
point, argued that tho fraud on the
of plaintiffs who persisted in using name which dsas
n.;ed tin plates partcula: works after they
ofover forty miles md established o6.er works 80,
Lord Chancellor CotteDham thought the right 70 doubtful
that be refused the Djunc ION. =,
satisfied from examination OF the cases on the sub-c'
Ct that se the present has sn
been issued this would he violating all
the laid down In the books spp csbe thereto
20 restrain be deendMt from marking his sooas and selling
ode manufactured by the plsunt gu tho
ground that such fraud injury to the plaintiff aud
tended to uisesd and deceive the public.
No such csse presented and the motion Tor nuncton must
be denied with costs.
Before Judge CLsRxE.
The Lon' ing Printing Go. sgt Thos Li:dy
Order of arrest modified reducing bail 10 81 ,'D0
Julius schulmurth ast Ole B Bull.
Pielin mary objections overruled.
SUPERIOR COCRT-GENERAL TERM-Dec. 6-Present' all
the Justices.
Tie Meichants Bank of New Haven sgt Henry Dwght J
Order of arrest vacated Defendant to shpaia'e n''
~ VII" Jesse Hoy ast. Henry sheldon.
Order on terms aod to be settled.
SPECIAL rgaN-Before Judge HorFMAN
jos w Trust AIT James Reppor
On payment of $50 to plaintiffs attorney all piper'
connected wish the be given up 10 pnn or any nc"
attorney appointed by him