The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-05-06
DECISIONS.
SUPREME coURT-cHAMBERs.

by Judge Lawrence
In the matter OF Solomon. -Mcmorandum for
Dc Ruytcr VS.. Lamberd Tho referees report IA
confirmed and the exceptions thereto overrulea
Matter OF Green; Matter OF Rowland; Matter OF
Hazard Matter OF Ager; Matter OF Hapin; Matter OF
Wnthaus; Matter of Havemeyer; Matter Of Rhoadcs
Matter oil Labuckic; Matter OF Wood Matter OF Hal.
sted Matter OF Fiyorc; Matter OF DO Rcyster Matter
OF Hone; Matter OF Belmont; Matter OF Hone; Matter
OF Russell; Matter OF Manufacturers granted.
Bernhcmcr vs. wls-As tins case has been tried
upon the merits supposed that was relieved from
the necessity OF passing the question OF security.
lfthcre Is to be an appeal from the judgment tho JUS
tice who tried tho cause should determine tho amount
OF the security.
BULBS Head Bank vs.. Clement.-lt appears now that
plaintiff has proven hts claim in bankruptcy. That
was a TACT which did not consider The bankruptcy
proceedings were taken within three months after the
making OF the first assignment and within ono month
after second assignment THIS might justify tho as
signee IN bankruptcy in contesting the validity OF tho
assignment, but do not see how tho defendant can
avail himself OF that objection. The defendants coun-
sci refers TO case Hyams hamburger II has not
been reported but was recently decaod by the General
Term. have not seon the opinion, and don't know
what it is. You had better send Tor It.
by Judge DAVIS
Martin VS. Hicka Memorandum. ordor to DO set
tied on one days notice.
Hall VS.. Ditson-Wthout expressing any opinion "a
TO whether tho painii may or may not be entitled ul
timacly 10 any roef, think upon the pleadings and
anidavits before mo Il Is my duty to deny the motion
for an injunction. Motion Denied with $40 costs.
Prince Metallic Paint Company vs.. Carbon Metallic
Paint Company-The paintifs' trade mark consists
OF the words ''Prince Metallic Pant used in parc-
ular form, Tho defendants for their trade mark use
the words Prince Brothers. Iron ORC paint in an en-
tircly different form. Prince the Of the
iondants They arc brothers and they manufacture
and sell paint which they call 'iron
paint" The Injunction restrains them from using
the namo prince as applied to the paint
head or any advertisement" The order Is altogether
too broad Tho use OF their own name in connection
with tncr business In any form that does infringe
plaintiffs tradc mark c,nnot be cpjoined; but think
defendants TRADE mark IS no Infringement OF plaintiffs
There Is no simiiude between the trade marks except
in the name 'Prnce, and that is only used to
that Princc Broners are the manufacturers vi iron
PANT and not think, TO hold out 10 purchasers that
theirs IS Prince metallic pain made by plaintiffs.
The motion should be denied and the Injunction order
dissolved, with $40 COSTS OF opposing.
SUPREME coUEr--spEcIAL TERN.
BY Judge Barrett
Mutual Life Insurance Company vs. Smith and
othera-Judgment Tor plaintiff. SEQ memorandum.
BY Judge Van Worst
Trucann vs. skiddy and othera-0rder signed.
Canadian Bank OF Commerce VS.. De M:cr ct al
Findings and decree signed.
Powers VS.. Cassidy and another.-Thc counsel tor
the parties will appear boiorc eleven r. NJ, May
Muiock vs. MuIock A copy Of this order should DO
served the other SIDE. with notice OF settlement
for Thursday. May 10, ut hafpast ten A. N.
COMMON PLEAs--cHAMBERs.
BY Judge G. r. DAILY.
Dyson VS.. Coer; Neville VS.. Third Avenue Railroad
Company; Matterich VI. Kraycr Motions granted
Maynard Va. Millen.-M otIon granted conditionaily
Jackson w. Jackson.-Divvrce granted.
Polhaus w. Acknowledged dismissed
Graham vs. Grahan. --0rder granted
Brothorson vs.. Starr.-Moton for Judgment granted.
Dayton ". Gresham. Motion tor appoin tncnt Of
receiver granted.
stelnbock vs. steinbock. Amendment OF complaint
allowed as asked tor and divorce granted.
liz the matter oil Compton motion for leave to tra-
verse denied and further proceedings enjoincd.
Union BottlIng Company Vs. Bciar; Hughes VS..
Darwin; Henry vs. Potans; Herney Sire; Richie
solomon; Leurin vs. schcrmerhorn; Paiten w. New
York Elevated Railroad Company; Deginer vs-smth's
Homeopathic Pharmacy; Malone vs.. West; Lowden
VS. Lowdcn Applications granted