New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-01-27

SPECIAL TEBM,-BefoTe Judge DUR.
The BALM OF A THOUSAND BLOWERS
VIM. r. Fetridge sgt. Frederick G. Wells g. ..
An Injunction was granted some time ago Ia this
to restraining tho defendant On selling an article
called "Bslm OF a Thousand Flowers" manufactured
by r. II. Rice Of Boston, on the psirtie repres nt2-
ton and efiidavits that it an infringement OF
trade mark and an imitation Of the cosmetic owned by
ybintif.
motion 10 dissolve this injunction was urged at
great length on the hearing and decided this morning
by lodge Duor, who delivered quite humorous
opinion. The motion was granted but without cots
Tie Court held that neither party was entitled to
relief in Cour of Equity under the rule that he who
aske the did Of a Court Of Equity must come into 1t
with clean kapds'-s maxim as old as the Court
Itself The counsel for the plaintiff had con'ended that
that rule did not apply TO the in Hand, inasmuch
nobody was deceived by the representations OF their
tIisLt.
We give an outline of the principal points o! the de-
l. II the question before the Court depended solely
on the label which 10 the exact counterpart OF that OF
Fetridge Co., the motion would be denied But such
IL not the case.
. The plaintiff hiss no right or title TO the name of
Z" Balm OF thousand Flowers &c his comp ound is
fraud upOn the public, since il is nothing out soap,
wlle the name indicates il TO be the aromatic dstil.-
EOu Of flowers. --.--.
g. The plaintiffs declaration that he paid GOO for
iho 70 ,pe fnse and by psradng the same before
tie world lie is defreuding .ae public:
g. The envelope around the bottle is fraud, for II
we are 10 believe it, one need neither be SICK nor die
nor glow old except at his own option 10 discussing
mir pon: Judge Duer waxed quite merry over the sd
veIt'senent of The balm.
asfraudirg the public. Both parties are q1scks; both
compounds are hmbugs. For plaintiff, Brown, Hall
~ Van6erpoel and E. ". Stoughton; for defendant,
Bis.cbfoId, Seward & GriIwOld.
Peter 6. RyeTson tg Randall II. Green. .
Motion denied, with 50 costs, without prejudice to
yry ether CO future application.
lBboi.On agt. Wight Je'sur.
Motion granted.
Motion TO Get aside default denied bat without costs,
AID order s;ay!De preceding vacated.
VIM. K. Stafford ssL Abraham q. Craito.
The adjustment made will be vacated; the costs to
be IeGoJusttd On the rsusl notice
SUPREME couRT-srrclM Tesw-Jm. 24-Bei're
Judge CLERGE.
RAILROAD IN TROUBLE
Henry d. se,u se:. Toe Csnsnddgua and Emrs f. r. Co..
Thos J. BeS,s e 81.
This was melton to dissolve 6u iDjunc.l on hereto
bre ssued, restraining defendants from selling certain
bonds issued by the Scoto and nerkimer Valley Rail
Tosd Company and bypothecated 10 the Cenandsigua
ard Elmirs Railroad Company in pGymen. for bonds
Of the laters lh issue. The ground on which the in
junction proc seded IS that such fifth issue fra ldu
ent on account Of the insolvency of the Company aud
becsuse plaintiffs a.signer was induced 10 purchase
$50 of these bonds by fraudulent represent atoms
sc. The svermepts charging fraud are denied. +.
w. Stoughton and II. n. Hyde for plaintiffs Abjah
Mann, jr., for defendants Decision reserved.
CIRcUIT.-Beiore Judge DAVIES.
THE COST OF OBTAINING PASSENGER.
Edgar seieht Ast Joseph w HAnc0I.
In this case Of assault and battery on an Albany
boat rspcrted In this morning TRIBUNE the Jury re-
turned a verdict FOR the plaintiff of SIS damages.
SpPREME COURT-CIRcUIr-JAS. 2j-BeoIe judge
DAVIES.
RATHER PETTY.
John R.dpo,h as. Edward Cummurs
This is action OF assault and battery The plain
tf rho is etonecp tier on the 18th OF December las,
called on The defendant at his stOneyard, in Hamilton
avenue, Brooklyn, in search OF JOB. lbe defendant
refused 10 employ him. and ordered him 10 leave the
yard, or he'd boot him out. After some hard words
between the parties they went out-the plaintiff rahsr
daring the defendant TO come upon the sidewalk Toe
plaintiff; then took hold of toe lapel of the Defendants
coat On which the latter struck him. and they went Ct
1t, tooth and nail, until they finally separated by
bystsnders. The case turned upon the question OF
pfovocation for the defendants blow. Verdict for
Plaintiff for Sl0. Thomas b. Barngby for plaintiff;
BrainGrd Il Rice for defendant.
sPEeIAL TIRA-Before Jsdse CtskEE.l
KAir aeL 6unteS e. al.
Motion denied, vita costs.
~ ne matter the application OF Andrew J. Bird ct al
Report confirmed.
IN Cummings sst Chas. NJ Graham.
In the matter Of O. A. TrOs,nsn, iaoi'ic.
Report confirmed.
Before Judge Mitchell.
Judgment for plaintiff. Decree 70 be settled.
T. Roberts agt. A. Higgins et a.
Judgment OF specific performance, and complaint
deemed amended he
D. H. Bates e; a. at. David Ferru,on .tL.
Allowance Of go q gla'ntifis, with cost:.
soman sieSel as,. LOus Soko'osky
New trial denied, and Judgment affirmed.
WIN. o'BIien Ast Victor b. Pest ct a.
Default complaint dismissed. Lesve 70 open to-
Moe. rs,is, at DEM. Z, H lsg s :, a. u.